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North American Free Trade Agreement Promise Doctrine

Smart & Biggar

Tribunal dismisses Eli Lilly’s NAFTA challenge on promise utility doctrine

Smart & Biggar on

As previously reported, Eli Lilly submitted claims to international arbitration under the North American Free Trade Agreement (NAFTA) seeking damages from the Government of Canada, asserting that the Canadian courts'...more

Blake, Cassels & Graydon LLP

More Than a Pinky Promise: Recent Developments to the Promise Doctrine in Patent Law

Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis...more

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