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 Inc, 2017 SCC 36 (NEXIUM, reported here). Noting any injustice to Lilly is “entirely commercial in nature” … Continue reading
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 Compliance) Regulations, SOR/93-133 (the Regulations) Successful party: Eli Lilly Canada Inc. and ICOS Corporation (collectively Eli Lilly) Date of decision: April … Continue reading
