Eli Lilly Canada Inc., et al. v. Novopharm Limited (May 13, 2013)
Case # 35067
The Supreme Court of Canada is holding an oral hearing on an application for leave to appeal. In 1991, the applicants applied for the ‘113 patent for a medicine, olanzapine. The patent for olanzapine was granted in 1998. Novopharm Limited sought to bring its generic version of olanzapine to market. The central question is whether the Federal Court of Appeal’s creation of a new non-statutory test for utility is a matter of public importance.