Eli Lilly Canada Inc. v. Teva Canada Limited, 2018 FCA 53
| Jurisdiction | Federal Jurisdiction (Canada) |
| Citation | 2018 FCA 53 |
| Court | Court of Appeal (Canada) |
| Date | 20 March 2018 |
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24 practice notes
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Canada v. Jim Shot Both Sides et al., 2022 FCA 20
...at para. 12). What is engaged, however, is whether a new argument should be heard on appeal (Eli Lilly Canada Inc. v. Teva Canada Limited, 2018 FCA 53; R. v. Mian, 2014 SCC 54, [2014] 2 S.C.R. 689). [46] I turn to the new issues and arguments said to be outside the scope of the appeal. [47]......
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Teva Canada Limited v. Janssen Inc., 2023 FCA 68
...also Dnow Canada U.L.C. v. Grenke Estate, 2020 FCA 61 , 453 D.L.R. (4th) 676 at para. 19; Eli Lilly Canada Inc. v. Teva Canada Limited, 2018 FCA 53, 292 A.C.W.S. (3d) 146 at para. 96, leave to appeal to SCC refused [2018] 3 S.C.R. vi; Nova Chemicals Corporation v. Dow Chemical Company,......
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KEVIN KOCH and DAMIAN DE LA GUARDIA v. JANET KATHLEEN BORGATTI, As Administrator of the Estate of the Deceased, RICHARD NEIL BORGATTI, DAVID KOCH, ANNA SKOTNICKA, ESTERA LAWRENCE, IRENEUSZ BRUDEK, CHARLES McCRIE and FOSTER MATTHEWS AND DOCKET: A-22-22 STYLE OF CAUSE: IRENEUSZ BRUDEK v. JANET KATHLEEN BORGATTI, As Administrator of the Estate of the Deceased, RICHARD NEIL BORGATTI, KEVIN KOCH, DAVID KOCH, ANNA SKOTNICKA, ESTERA LAWRENCE, CHARLES McCRIE, DAMIAN DE LA GUARDIA and FOSTER MATTHEWS, 2022 FCA 201
...record or findings of fact to do so: Quan v. Cusson, 2009 SCC 62 at paras. 36-37 and Eli Lilly Canada Inc. v. Teva Canada Limited, 2018 FCA 53 at para. 45, leave to appeal to SCC refused, 38077 (8 November 2018). [68] Moreover, Rule 3 instructs us that we are to focus on the substance of ma......
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Ontario Court Of Appeal Allows Sanofi And Schering To Plead That Federal Court Ramipril Patent Invalidity Decision Was Flawed Due To 'Promise Doctrine'
...contrary to the motion judge's reasons and a recent decision of the Federal Court of Appeal (Eli Lilly Canada Inc. v Teva Canada Ltd., 2018 FCA 53, leave to appeal refused, SCC Case No. 38077). The Court of Appeal noted that each case requires its own contextual consideration of the discret......
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14 cases
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Canada v. Jim Shot Both Sides et al., 2022 FCA 20
...at para. 12). What is engaged, however, is whether a new argument should be heard on appeal (Eli Lilly Canada Inc. v. Teva Canada Limited, 2018 FCA 53; R. v. Mian, 2014 SCC 54, [2014] 2 S.C.R. 689). [46] I turn to the new issues and arguments said to be outside the scope of the appeal. [47]......
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Alberta v. Canadian Copyright Licensing Agency, 2024 FC 292
...an issue in respect of which a final determination has been made as between them [see Eli Lilly Canada Inc v Teva Canada Limited, 2018 FCA 53 at para 50 [Eli Lilly]; Régie des rentes du Québec v Canada Bread Company Ltd, 2013 SCC 46 at para 24]. Res judicata is a fundamental doctr......
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Teva Canada Limited v. Janssen Inc., 2023 FCA 68
...also Dnow Canada U.L.C. v. Grenke Estate, 2020 FCA 61 , 453 D.L.R. (4th) 676 at para. 19; Eli Lilly Canada Inc. v. Teva Canada Limited, 2018 FCA 53, 292 A.C.W.S. (3d) 146 at para. 96, leave to appeal to SCC refused [2018] 3 S.C.R. vi; Nova Chemicals Corporation v. Dow Chemical Company,......
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KEVIN KOCH and DAMIAN DE LA GUARDIA v. JANET KATHLEEN BORGATTI, As Administrator of the Estate of the Deceased, RICHARD NEIL BORGATTI, DAVID KOCH, ANNA SKOTNICKA, ESTERA LAWRENCE, IRENEUSZ BRUDEK, CHARLES McCRIE and FOSTER MATTHEWS AND DOCKET: A-22-22 STYLE OF CAUSE: IRENEUSZ BRUDEK v. JANET KATHLEEN BORGATTI, As Administrator of the Estate of the Deceased, RICHARD NEIL BORGATTI, KEVIN KOCH, DAVID KOCH, ANNA SKOTNICKA, ESTERA LAWRENCE, CHARLES McCRIE, DAMIAN DE LA GUARDIA and FOSTER MATTHEWS, 2022 FCA 201
...record or findings of fact to do so: Quan v. Cusson, 2009 SCC 62 at paras. 36-37 and Eli Lilly Canada Inc. v. Teva Canada Limited, 2018 FCA 53 at para. 45, leave to appeal to SCC refused, 38077 (8 November 2018). [68] Moreover, Rule 3 instructs us that we are to focus on the substance of ma......
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11 firm's commentaries
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Ontario Court Of Appeal Allows Sanofi And Schering To Plead That Federal Court Ramipril Patent Invalidity Decision Was Flawed Due To 'Promise Doctrine'
...contrary to the motion judge's reasons and a recent decision of the Federal Court of Appeal (Eli Lilly Canada Inc. v Teva Canada Ltd., 2018 FCA 53, leave to appeal refused, SCC Case No. 38077). The Court of Appeal noted that each case requires its own contextual consideration of the discret......
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Ontario Court of Appeal allows Sanofi and Schering to plead that Federal Court ramipril patent invalidity decision was flawed due to “promise doctrine”
...decision of the Federal Court of Appeal (Eli Lilly Canada Inc. v Teva Canada Ltd., 2018 FCA 53, leave to appeal refused, SCC Case No. 38077). The Court of Appeal noted that each case requires its own contextual consideration of the discretion not to apply issue estoppel. AstraZeneca represe......
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Canadian Patent Law: 2018 Year In Review
...that "the zombies really are dead". Apotex Inc. v. Schering Corporation, 2018 ONCA 890, and Eli Lilly Canada Inc. v. Teva Canada Limited, 2018 FCA 53. These are two at-odds decisions regarding the ability of an infringer to recover damages from a patentee whose patent was invalidated under ......
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ONCA Permits Pleading Amendments Asserting Validity Of Previously Invalidated Patent Following Nexium Decision
...and distinguished a decision by the Federal Court of Appeal (FCA) on a similar point in Eli Lilly Canada Inc. v. Teva Canada Ltd., 2018 FCA 53 (FCA Olanzapine), previously Decision on Appeal The ONCA allowed the Defendants to amend their pleadings, finding that the preconditions for issue e......
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