Having not only lost out on damages worth C$500 million ($374 million), US pharma major Eli Lilly (NYSE: LLY) faces a bill of around C$5 million due to a lost legal fight with the Canadian government.
The case came about following claims made by Lilly that Canada’s patentability requirements had an overly-high standard of what was considered ‘useful’, causing it to lose patent cases relating to the attention deficit hyperactivity disorder (ADHD) drug Strattera (atomoxetine) and the schizophrenia and bipolar disorder treatment Zyprexa (olanzapine).
Lilly alleged that the interpretation given to this term by the Canadian courts, and therefore the termination of its drug patents, violated the country’s obligations under the North American Free Trade Agreement (NAFTA).
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