Eli Lilly Canada Inc. et al. v. Nu-Pharm Inc.

Drug: olanzapine

In the decision below, the Prothonotary struck the plaintiff’s statement of claim for patent infringement. The Court upheld that decision.

The Court held that it should review the issue de novo. The Court held that a Statement of Claim for patent infringement should clearly show the facts defining the right as belonging to the plaintiff and the facts which constitute an encroachment by the defendant on that right, and that the latter were missing as nothing was pleaded beyond the acts that specifically fall within the regulatory exemption of section 55.2(1).