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PATENTS - Remedies - Damages

Wednesday, April 11, 2018 @ 8:32 AM  

Appeal by Eli Lilly Canada Inc. (Lilly) from a Federal Court decision awarding the respondent Teva Canada Ltd. (Teva) damages under s. 8 of the Patented Medicines (Notice of Compliance) Regulations for loss suffered when it was kept out of the market for olanzapine by the appellant’s unsuccessful prohibition application under the Regulations. Cross-appeal by Teva from the assessment of damages. In 2004, Teva was seeking to bring to market a generic version of olanzapine and served a Notice of Allegation (NOA) alleging that Lilly’s patent...