• Federal Court of Appeal Holds That Selection Patent Is Invalid For Lack Of Utility [ZYPREXA® (olanzapine)]
  • September 27, 2012 | Author: Daniel Daniele
  • Law Firm: Norton Rose Canada LLP - Toronto Office
  • The Federal Court of Appeal recently heard Lilly’s appeal from the dismissal of its action for infringement of Canadian Patent No. 2,041,113 (“‘113 Patent”). The sole issue for consideration by the Court was whether the utility the Federal Court found to be promised for the selection invention claimed in the ‘113 Patent had been demonstrated or could be soundly predicted at the patent filing date. The appeal was dismissed from the bench without substantive reasons.