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...
Source: jdsupra.com