Delay to Market Entry

May 9, 2017

Apotex’s Claims for Damages for Delayed Market Entry Allowed to Proceed

2017 ONSC 224 - Apotex sought compensation from Eli Lilly for damages suffered for delayed entry to the market for its generic version of olanzapine; the ONSC ordered Eli Lilly to pay Apotex a total of $20,000.
February 3, 2017

Does the Patent Act provide a “complete code” of remedies? ONSC allows the argument to proceed that it may not

2016 ONSC 7193 - The ONSC heard pleadings by Apotex and Pfizer concerning Pfizer’s, now invalid, patent for Viagra. Apotex had previously been prevented from manufacturing its own generic because of the Viagra patent, and now claimed damages for the delay in being able to market its own variant. The appeal was dismissed and Apotex’s claim was allowed to proceed unstruck.