O Canada! Lilly Claims Country’s Invalidation Of Its Patents Violates NAFTA
This article was originally published in The Pink Sheet Daily
Lilly is seeking $500 million for revenue it would have made if Canadian courts had not ruled its Zyprexa and Strattera patents invalid; company says Canada’s new “promise utility doctrine” is targeting pharma inventions.
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Supreme Court of Canada says promise doctrine is not correct approach to determine if a patent has sufficient utility; doctrine has been used to invalidate patents on 22 medicines.
Tribunal finds Lilly did not prove that Canada's promise utility doctrine discriminates against pharmaceutical patents; 25 pharma patents have been invalidated in past decade.
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