- Parties: The appellants were Eli Lilly Canada Inc., Eli Lilly and Company, Lilly Del Caribe, Inc., Lilly, S.A., and Icos Corporation Inc. The respondents were Apotex Inc., Mylan Pharmaceuticals Ulc, Teva Canada Limited, Pharmascience Inc., and Laboratoire Riva Inc.

- Subject Matter: The appellants filed actions alleging that the respondents infringed on Canadian Patent 2,226,784. The Federal Court dismissed the actions upon finding that various claims of the patent were invalid for overbreadth and insufficiency. The court elected not to rule on the respondents’ argument that the claims were invalid for inutility. The appellants challenged this decision. On appeal, the issue involved the court’s interpretation of the term “physiologically acceptable” in reference to a physiologically acceptable salt of tadalafil.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal with costs. Regarding the argument on claim construction, the appeal court held that the Federal Court based its claim construction on expert evidence. The appeal court deferred to its conclusions relating to this matter. The appeal court found it unnecessary to review the question of invalidity for insufficiency, overbreadth, or inutility because these arguments depended on the success of the argument on claim construction and because the Federal Court did not err in its claim construction.

- Date: The hearing was set on Jan. 17, 2024. The court released its decision on Apr. 16, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.