As previously reported, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli Lilly over $100 million for Apotex’s infringement of eight process patents related to the antibiotic cefaclor. The FCA rejected Apotex’s argument that a non-infringing alternative would have been available to Apotex during the relevant period. The FCA remitted the decision to the Federal Court for reconsideration solely on the issue of prejudgment interest: Apotex v Eli Lilly, 2018 FCA 217. On January 22, 2019, Apotex applied to the Supreme Court of Canada for leave to appeal (Docket No. 38485).
