Eli Lilly and Co. v. Apotex Inc., (1991) 126 N.R. 379 (FCA)
| Judge | Heald, Hugessen and Décary, JJ.A. |
| Court | Federal Court of Appeal (Canada) |
| Case Date | May 15, 1991 |
| Jurisdiction | Canada (Federal) |
| Citations | (1991), 126 N.R. 379 (FCA) |
Eli Lilly and Co. v. Apotex Inc. (1991), 126 N.R. 379 (FCA)
MLB headnote and full text
Eli Lilly and Company (appellant) v. Apotex Inc. (respondent)
(A-578-88)
Indexed As: Eli Lilly and Co. v. Apotex Inc.
Federal Court of Appeal
Heald, Hugessen and Décary, JJ.A.
May 15, 1991.
Summary:
The Commissioner of Patents granted a compulsory licence and fixed a royalty. The patentee appealed on the main ground that there was insufficient evidence on which to fix a royalty.
The Federal Court of Appeal dismissed the appeal.
Patents of Invention - Topic 5745
Compulsory licences - Royalties - Fixing of - Evidence - The Federal Court of Appeal refused to set aside a royalty fixed by the Commissioner of Patents, where there was sufficient evidence on which to fix the royalty.
Cases Noticed:
Imperial Chemical Industries PLC v. Apotex Inc. (1991), 126 N.R. 149 (F.C.A.), appld. [para. 1].
American Home Products Corp. v. ICN Canada Ltd. (1988), 84 N.R. 69; 19 C.P.R.(3d) 257 (F.C.A.), refd to. [para. 1].
Smith, Kline and French Laboratories Ltd. v. Apotex Inc. (1988), 82 N.R. 177; 17 C.P.R.(3d) 449 (F.C.A.), refd to. [para. 1].
Statutes Noticed:
Patent Act, R.S.C. 1985, c. P-4, sect. 39(4).
Counsel:
Emma Grell Hill, for the appellant;
Harry B. Radomski and T.H. Gilbert, for the respondent.
Solicitors of Record:
Gowling, Strathy & Henderson, Ottawa, Ontario, for the appellant;
Malcolm Johnston & Associates, Toronto, Ontario, for the respondent;
John C. Tait, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the Attorney General of Canada.
This case was heard on May 14-15, 1991, at Ottawa, Ontario, before Heald, Hugessen and Décary, JJ.A., of the Federal Court of Appeal.
On May 15, 1991, Hugessen, J.A., delivered the following oral judgment for the Federal Court of Appeal.
To continue reading
Request your trial
-
Eli Lilly and Co. v. Apotex Inc., (1992) 137 N.R. 240 (Motion)
...of Canada was dismissed in the case of Eli Lilly and Co. v. Apotex Inc. , a case from the Federal Court of Appeal dated May 15, 1991. See 126 N.R. 379. See Bulletin of Proceedings taken in the Supreme Court of Canada at page 2403, October 25, 1991 and page 336, February 7, 1992. Motion dism......
-
Eli Lilly and Co. v. Apotex Inc., (1992) 137 N.R. 240 (Motion)
...of Canada was dismissed in the case of Eli Lilly and Co. v. Apotex Inc. , a case from the Federal Court of Appeal dated May 15, 1991. See 126 N.R. 379. See Bulletin of Proceedings taken in the Supreme Court of Canada at page 2403, October 25, 1991 and page 336, February 7, 1992. Motion dism......