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ARTICLE · 25 MAY 2018

Supreme Court Of Canada Leave Applications

Eli Lilly seeks leave in olanzapine section 8 damages action.

CanadaIntellectual Property

SCC denies Idenix leave to appeal in SOVALDI dispute. 
On April 26, 2018, the Supreme Court of Canada dismissed Idenix's application for leave to appeal (docket no. 37781) the Federal Court of Appeal (FCA)'s decision ( reported here) which affirmed the trial decision relating to two competing patents over Gilead's SOVALDI (sofosbuvir). The FCA upheld the validity of Gilead's Patent No. 2,527,657, and declared Idenix's Patent No. 2,490,191 invalid on the basis of insufficiency of disclosure and inutility.

Eli Lilly seeks leave in olanzapine section 8 damages action. 
As previously reported, the Federal Court of Appeal (FCA) dismissed Eli Lilly Canada (Lilly)'s appeal of a trial decision awarding more than $70 million to Teva Canada (Teva) under section 8 of the Patented Medicines (Notice of Compliance) Regulations in respect of olanzapine (Lilly's ZYPREXA). The FCA granted Teva's cross-appeal seeking to add to its recovery lost pipefill sales and an adjustment

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