Pharma Patents Are Vulnerable In Canada As Lilly Loses NAFTA Challenge

Tribunal finds Lilly did not prove that Canada's promise utility doctrine discriminates against pharmaceutical patents; 25 pharma patents have been invalidated in past decade.

Magnifying Canada on map

Eli Lilly & Co. must fork over $5.2m after losing its unprecedented challenge of Canada's court system, but the entire industry will bear the brunt of the decision as pharma patents remain vulnerable to invalidity rulings.

Lilly claimed that the interpretation of patent law by Canadian courts violated the country's obligations to protect intellectual property under...

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