Digests

Decision Information

Decision Content

PATENTS

Appeal from applications Judge’s decision (2007 FC 455) sufficiency of disclosure in Canadian patent No. 2041113 not properly before her since Apotex not raising issue in notice of allegation (NOA)—Judge correct in holding sufficiency of disclosure stand-alone ground which ought to have been raised in NOA—Appeal dismissed.

Eli Lilly Canada Inc. v. Apotex Inc. (A-261-07, 2008 FCA 44, Noël J.A., judgment dated 4/2/08, 3 pp.)

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