The Federal Court of Appeal (FCA) has refused to apply the “special circumstances” exception to issue estoppel in view of a change in law arising from the rejection of the “promise doctrine” in AstraZeneca Canada Inc v Apotex
Supreme Court dismisses leave to appeal regarding test for obviousness-type double patenting in tadalafil s.6 case
Case: Apotex Inc v Eli Lilly Canada Inc, et al (SCC Docket 37368)
Drug: CIALIS® (tadalafil)
Nature of case: Application for leave to appeal decision upholding prohibition order granted pursuant to section 6 of the Patented Medicines (Notice of