CRA provided expert testimony on patent damages on behalf of plaintiffs Eli Lilly in a patent infringement trial in the Federal Court of Canada. The patents covered the antibiotic drug Cefaclor, which was being sold in generic form in Canada by defendant Apotex. Damages claimed included lost profits and reasonable royalties. The Court awarded over $105 million in damages and prejudgment interest, which at the time was the second highest award in Canadian patent infringement history.
Anticompetitive conduct and patents listed in the Orange Book
Branded pharmaceutical manufacturers are required by law to list all patents in the Orange Book that cover an approved drug product. However,...