Court of Appeal Supports Eli Lilly, Orders Rehearing of Zyprexa Infringement

OTTAWA—The Federal Court of Appeal upheld Eli Lilly Canada Inc.’s appeal of a Federal Court ruling that effectively invalidated its patent for schizophrenia drug olanzapine, sold under the brand name Zyprexa, and directed the Federal Court to rehear the case (Eli Lilly Canada Inc. v. Novopharm Ltd.).

The Federal Court’s ruling, which followed a 44-day trial involving about 30 witnesses, improperly dismissed Lilly’s claim of infringement of its Patent No. 2,041,113 (’113 Patent) for olanzapine against generic manufacturer Novopharm (Teva Canada), but sufficiently lacked detail in some areas to make a final determination in the case impossible, Justice ...