What are the findings of the O’Reilly #1 decision in the Novopharm Infringement Proceedings?

Ontario, Canada


The following excerpt is from Apotex Inc. v. Eli Lilly Canada Inc., 2021 ONSC 1588 (CanLII):

The Novopharm Infringement Proceedings were decided, initially, by O’Reilly J. on October 5, 2009: Eli Lilly v. Novopharm, 2009 FC 1018. O’Reilly J. declared “the claims of the ‘113 patent in issue” to be invalid (the “O’Reilly #1 Decision”).

Other Questions


Does a finding of fact made on an interlocutory finding in a separate judicial proceeding engage in issue estoppel in a subsequent proceeding? (Ontario, Canada)
When will the court make a finding of fact or finding of not finding fact in a personal injury case? (Ontario, Canada)
Is a panel's decision not to amend or amend a decision made by the original panel? (Ontario, Canada)
What is considered a final decision on an interim decision? (Ontario, Canada)
In what circumstances will a court order that an earlier proceeding be stayed until the completion of the later proceeding is completed? (Ontario, Canada)
Can an appellate court substitute a trial judge’s findings of fact or mixed findings of law with its own? (Ontario, Canada)
What is the effect of the Minister’s appeal against the interim decision of the Court of Appeal finding that a new Formulary which includes the products of all five drug companies does not need to be included in the Formulaary? (Ontario, Canada)
What is the scope of the Attorney General's in rem proceedings under the Proceeds and Instruments of Unlawful Commerce Act? (Ontario, Canada)
What is a reasonable decision for a tribunal to make a decision on a motion for sexual assault? (Ontario, Canada)
What is the test for a parent to proceed in a child protection proceeding? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.