On May 16, 2013, the Supreme Court of Canada dismissed the application for leave to appeal in Eli Lilly v. Teva Canada, otherwise known as the “olanzapine” case. This dismissal followed a rare oral hearing of the leave application, which took place on May 13, 2013. This is the final judgment in Teva’s successful effort to invalidate a key Eli Lilly patent, a matter which has been the subject of three judgments at the Federal Court, Trial Division and at the Federal Court of Appeal and, now, three Supreme Court leave applications, all since Teva Canada first challenged this patent in 2004. Our team’s success in this litigation is all the more remarkable as the same patent had been challenged by generic drug manufacturers and upheld in 16 other jurisdictions. The Supreme Court ruling denying leave to appeal will allow Teva to claim significant damages.
Jonathan Stainsby, Andrew Skodyn, Andy Radhakant and Neil Fineberg carried the load through eight-and-a-half years of litigation, but as a true team effort, Bill Mayo, Mark Edward Davis, Ben Wallwork and others made important contributions along the way. Our counsel and former Supreme Court Judge Michel Bastarache, C.C., helped our team prepare for a successful hearing.