Intended for healthcare professionals


Lilly challenges Canada’s decision to strike down patents for not meeting “inventive promise”

BMJ 2013; 347 doi: (Published 17 September 2013) Cite this as: BMJ 2013;347:f5651
  1. Owen Dyer
  1. 1Montreal

The US drug giant Eli Lilly has filed suit against Canada, claiming that the country’s courts have arbitrarily struck down its patents. The company is seeking $500m (£315m; €375m) in alleged lost business under the terms of the North American Free Trade Agreement (NAFTA).

Two Canadian patents­—those for atomoxetine (marketed as Strattera), used to treat attention-deficit/hyperactivity disorder (ADHD), and the antipsychotic olanzapine (Zyprexa)—were voided early by …

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