Eli Lilly Canada Inc. v. Apotex Inc., 2015 FC 1016

Drug: tadalafil

The Federal Court dismissed the proceeding, refusing to grant Lilly a prohibition order in relation to its formulation patent. The Court held that the allegations of non-infringement and obviousness were justified, however, the allegation of invalidity due to lack of utility was not justified. Furthermore, the proceeding was not an abuse of process.