Intellectual Property Weekly Abstracts Bulletin - September 27, 2010

Editors: Chantal Saunders and Beverley Moore

ACTIONS

Lilly v. Apotex

Drug: cefaclor

Eli Lilly brought suit against Apotex alleging that it infringed eight (8) process patents. The trial decision is found here. Lilly appealed the finding of non-infringement with respect to 7,500kg of material and Apotex appealed the finding of infringement with respect to the other material it imported. The Court dismissed both the appeal and cross-appeal with costs.

The Court held that Lilly's appeal was essentially factual. The Court held that an appellate court should not reweigh the evidence and draw its own inferences, as to do so would otherwise usurp the role of the trial judge and unnecessarily burden the public and private resources.