Facts: Eli Lilly Canada Inc. and others (Lilly) appealed Federal Court decisions invalidating claims of their Canadian Patent No. 2371684 (the '684 Patent) for tadalafil, used to treat erectile dysfunction, on grounds of anticipation and obviousness. Respondents included generic drug manufacturers such as Apotex Inc.
Issues/Main Discussion: The appeals focused on whether the '684 Patent claims were obvious or anticipated by prior art, and whether the patent was a selection patent offering unexpected advantages.
Ruling: The Federal Court of Appeal dismissed the appeals, upholding the Federal Court’s findings that the asserted claims were invalid for anticipation and obviousness. The Court did not need to address whether the '684 Patent was a selection patent, as it found the patent obvious in light of prior art.
Amount Awarded: The summary does not specify an amount awarded; the focus was on the validity of the patent claims.
