Eli Lilly Levels $500M Attack On Canadian Patent Law

Law360, Los Angeles (September 12, 2013, 11:05 PM EDT) -- Eli Lilly & Co. launched a $500 million assault on Canadian patent law Thursday with a notice of arbitration challenging the Canadian government’s so-called promise doctrine, saying it unfairly discriminates against pharmaceutical companies in violation of a North American Free Trade Agreement rule.

Canada's promise doctrine seeks to identify the utility of an invention when its patent is contested in court, requiring a patent holder being sued to prove that it had demonstrated the utility it promised to deliver in its patent application.

The 2005 law...
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