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 to account for an under-reporting of sales in the
data relied on by both parties' experts: Eli Lilly Canada
Inc v Teva Canada Limited, 2018 FCA 53. On April 23, 2018, Lilly applied
to the Supreme Court of Canada for leave to appeal (docket no. 38077).
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