The Canadian Patent Regime: A Complete Code
| Published date | 19 October 2021 |
| Subject Matter | Intellectual Property, Patent |
| Law Firm | McCarthy Tétrault LLP |
| Author | TechLex Blog, Bohdana Tkachuk and Andrew Medico |
Canadian case law continues to mount against the use of the Statute of Monopolies1 to seek damages following the invalidation of a Canadian patent.
In the recent decision of Justice Schabas in Apotex Inc. v. Eli Lilly Canada Inc. 2021 ONSC 1588 ("Zyprexa" decision), Apotex sought damages under the Statute of Monopolies following the invalidation of the patent at issue, claiming that they were kept out of the market, and as such, were entitled to damages.
Justice Schabas rejected such an application of the...
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