Eli Lilly v. Canada: Investor-State Arbitration Is an Open Gate for the “Patent Trolls”

In 2017, Canada won the dispute against the US-based pharmaceutical company Eli Lilly in investor-state arbitration (ISA). Foreign investors can sue sovereign governments in ISA in case of mistreatment, such as, for example, expropriation, a violation of fair and equitable treatment and discrimination.  To succeed in its claim, the investor should show that the state […]

Sitting This One Out: SCC Refuses to Clarify “Promise of a Patent” Doctrine

Last month, the Supreme Court of Canada (SCC) denied leave to appeal in the case Eli Lilly Canada Inc v Novopharm Ltd, passing on an opportunity to clarify the controversial “promise of the patent” utility requirement for Canadian pharmaceutical patents.

A Cautionary Kudos: Canada Moves Up on USTR IP Watch List

Earlier this month, the United States Trade Representative (USTR) released its annual “Special 301 Report,” which evaluates the intellectual property rights (IPR) protection and enforcement of its trading partners. Over the last few years, Canada has been listed on the “Priority Watch List”, which is reserved for countries that have the most deficient IP protection […]

The Written Description Requirement as Interpreted in Ariad v. Eli Lilly

George Nathanael is a JD candidate at Osgoode Hall Law School and is taking the Patent Law course. Earlier this week the U.S. Court of Appeals for the Federal Circuit (CAFC) released an en banc decision on the case of Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company. Ariad sued Eli Lilly for infringement of […]