Apotex Inc. v. Eli Lilly Canada Inc., 2016 FCA 267

The Federal Court of Appeal considered an appeal from Apotex relating to double patenting and insufficiency of a patent claiming the use of tadalafil to treat erectile dysfunction. The Court of Appeal had previously considered the issue of double patenting of this patent with a different generic company, Mylan (2016 FCA 119our summary here). The Court of Appeal dismissed Apotex's argument that the Mylan case was wrongly decided, and did not accept Apotex's arguments relating to insufficiency. The appeal was dismissed with costs.

The Supreme Court of Canada announced that judgment in the following application for leave to appeal will be delivered on Thursday, November 10, 2016. The following is the summary provided by the Supreme Court:

Civil procedure — Case management — Applicant seeking leave to add third parties, to file affidavit of documents and to have procedure set for summary trial – Whether Law Society of Alberta and Alberta Lawyers Insurance Association failed in their mandate and role in protecting the public from abuse and in advertizing, marketing and selling legal services using applicant's registered trademark without permission or authorization.

Mr. Badawy is a plaintiff and a defendant by counterclaim in an action he launched in the Federal Court. Mr. Badawy sought leave to file a third party claim against the Alberta Law Society and the Alberta Law Insurance Association. He also requested leave to file an affidavit of documents and to have a summary trial procedure set.

On October 31, 2016, Bill C-30 titled "Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act" was introduced in the House of Commons. This Bill seeks to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.