Supreme Court of Canada denies Eli Lilly leave to appeal in olanzapine section 8 damages action. On November 8, 2018, Eli Lilly was denied leave to appeal (docket No. 38077) the Federal Court of Appeal (FCA)'s decision (reported here) which affirmed the trial decision awarding more than $70 million to Teva under section 8 of the Patented Medicines (Notice of Compliance) Regulations in respect of olanzapine (Eli Lilly's ZYPREXA). The FCA granted Teva's cross-appeal seeking to add to its recovery lost pipefill sales and an adjustment to account for an under-reporting of sales in the data relied on by both parties' experts.
Supreme Court of Canada denies Teva leave to appeal in levofloxacin damages assessment. On November 8, 2018, Teva was denied leave to appeal (docket No. 38033) the FCA's decision (reported here) which affirmed the trial judge's quantification of damages (close to $19 million) from infringement of Janssen's patent for levofloxacin (LEVAQUIN). The FCA found that the Federal Court did not err in constructing the hypothetical world, and that the Federal Court's factual findings were open to it on the evidence.
Apotex seeks leave in judicial review of Health Canada decision regarding Indian facilities. As previously reported, the FCA dismissed Apotex's appeal of a judicial review decision of the Therapeutic Products Directorate (TPD) which required Apotex to submit additional information concerning products manufactured or tested in Apotex's facilities in India. The FCA found that the Federal Court made no reviewable error in its conclusion that the TPD's decision was not improperly motivated. On October 1, 2018, Apotex applied for leave to appeal (docket No. 38336).