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Sap Se vs Swiss Auto Products And Anr on 13 March, 2024

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Supreme Court of Canada denies Apotex leave to appeal ONCA olanzapine Statutes of Monopolies decision | Smart & Biggar

As we previously reported, the Ontario Court of Appeal affirmed the lower court’s decision dismissing Apotex’s claims against Eli Lilly under the Ontario and English Statutes of...

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Ontario Superior Court dismisses Apotex's Statutes of Monopolies claims regarding sildenafil | Smart & Biggar

On September 27, 2021, the Ontario Superior Court of Justice granted Pfizer’s motion for summary judgment and dismissed Apotex’s claims for treble damages and double costs under the...

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Ontario Superior Court dismisses Apotex's Statutes of Monopolies and Trademarks Act claims regarding olanzapine | Smart & Biggar

Patent Act and the
PMNOC Regulations constitute a complete code governing the issuance and use of patents, including available remedies. None of Apotex’s claims were stand alone claims “totally independent of the regulatory regime”. Lilly’s activities relating to the 113 patent were “authorized by law and flowed from the operation of law”. A patent holder does not become liable for acts that it had a right to perform while the patent existed, even if the patent is later found invalid.
The Court rejected Apotex’s monopolies claims as the
Statutes of Monopolies do not prohibit patents for new inventions, a category which includes the 113 patent. Moreover, Apotex’s assertion that it was harmed by the 113 patent could not succeed as it was inconsistent with Apotex’s position that the 113 patent was void

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