Apotex Inc. v. Eli Lilly and Company, 2018 FCA 217
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Date | 23 November 2018 |
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29 practice notes
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Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
...Inc., 2015 FC 671 ; Teva Canada Limited v. Janssen Inc., 2018 FCA 33 , 420 D.L.R. (4th) 493 ; Apotex Inc. v. Eli Lilly and Company, 2018 FCA 217, 161 C.P.R. (4th) 411 . By Côté J. (dissenting) &......
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Table of cases
...Apotex Inc v Bayer Inc, 2018 FCA 32 ................................................................. 100 Apotex Inc v Eli Lilly, 2018 FCA 217, leave to appeal to SCC refused, [2018] SCCA No 75 ..................................................................................... 678 Apple C......
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Equitable Compensation
...Whiteish , above note 92 at para 85. 104 Ibid at para 89. 105 A similar approach is available at common law; see Apotex Inc v Eli Lilly , 2018 FCA 217 at paras 146–52, leave to appeal to SCC refused [2018] SCCA No 75. 106 Sempra Metals Ltd v Her Majesty’s Commissioners of Inland Revenue , [......
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The Best Of The Decade Canadian Patent Law In The 2010s
...These amendments came into force the following year, on November 1, 2019. Interesting patent cases Apotex Inc v Eli Lilly and Company, 2018 FCA 217, aff'g 2014 FC 1254. The Federal Court of Appeal clarified that the objective of the non-infringing alternative defence "is to help ascertain t......
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9 cases
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Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
...Inc., 2015 FC 671 ; Teva Canada Limited v. Janssen Inc., 2018 FCA 33 , 420 D.L.R. (4th) 493 ; Apotex Inc. v. Eli Lilly and Company, 2018 FCA 217, 161 C.P.R. (4th) 411 . By Côté J. (dissenting) &......
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Alberta v. Canadian Copyright Licensing Agency, 2024 FC 292
...interest, nor provided the Court with the evidence necessary to establish the basis for any such award [see Apotex Inc v Eli Lilly, 2018 FCA 217 at paras 157-159]. In fact, the Plaintiffs have made no submissions whatsoever in support of a request for compound interest. As such, none shall ......
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Apotex Inc. v. Eli Lilly and Company,
...for the portion of the award dealing with damages in the form of interest - i.e. compound interest (Apotex Inc. v. Eli Lilly and Company, 2018 FCA 217, 161 C.P.R. (4th) 411 (leave to appeal to SCC refused May 23, 2019, [2019] SCCA No 75) [ 2018 FCA 217 ]. Regarding the issue of compound i......
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Arysta Lifescience North America, LLC et al v. Agracity Crop & Nutrition Ltd. et al, 2019 FC 530
...sold both the patented goods and the related products. [61] This approach was approved by the FCA in Apotex Inc v Eli Lilly and Company, 2018 FCA 217, at para 122 [Apotex 2018], where the Court found that losses arising from lost sales of convoyed goods “are also accepted in Canada as poten......
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19 firm's commentaries
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The Best Of The Decade Canadian Patent Law In The 2010s
...These amendments came into force the following year, on November 1, 2019. Interesting patent cases Apotex Inc v Eli Lilly and Company, 2018 FCA 217, aff'g 2014 FC 1254. The Federal Court of Appeal clarified that the objective of the non-infringing alternative defence "is to help ascertain t......
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The Best of the Decade – Canadian Patent Law in the 2010s
...These amendments came into force the following year, on November 1, 2019. Interesting patent cases Apotex Inc v Eli Lilly and Company, 2018 FCA 217, aff’g 2014 FC 1254. The Federal Court of Appeal clarified that the objective of the non-infringing alternative defence “is to help ascertain t......
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Federal Court Of Appeal Affirms Award Of Damages For Compound Interest That "Would Have" And "Could Have" Been Earned In Patent Infringement Litigation Involving Cefaclor
...on point that the lost profits, in the real world, would have had the same destination as the company's other profits. Footnotes 1 2018 FCA 217, at para. 2 2019 FC 1463 , at paras. 22-23 and 44-45. 3 2016 FCA 161 , at para. 50. 4 Patented Medicines (Notice of Compliance) Regulations, SOR ......
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Federal Court Of Appeal Affirms Award Of Damages For Compound Interest That "Would Have" And "Could Have" Been Earned In Patent Infringement Litigation Involving Cefaclor
...on point that the lost profits, in the real world, would have had the same destination as the company's other profits. Footnotes 1 2018 FCA 217, at para. 2 2019 FC 1463 , at paras. 22-23 and 44-45. 3 2016 FCA 161 , at para. 50. 4 Patented Medicines (Notice of Compliance) Regulations, SOR ......
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2 books & journal articles
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Table of cases
...Apotex Inc v Bayer Inc, 2018 FCA 32 ................................................................. 100 Apotex Inc v Eli Lilly, 2018 FCA 217, leave to appeal to SCC refused, [2018] SCCA No 75 ..................................................................................... 678 Apple C......
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Equitable Compensation
...Whiteish , above note 92 at para 85. 104 Ibid at para 89. 105 A similar approach is available at common law; see Apotex Inc v Eli Lilly , 2018 FCA 217 at paras 146–52, leave to appeal to SCC refused [2018] SCCA No 75. 106 Sempra Metals Ltd v Her Majesty’s Commissioners of Inland Revenue , [......