Advertisement

If you have an ACS member number, please enter it here so we can link this account to your membership. (optional)

ACS values your privacy. By submitting your information, you are gaining access to C&EN and subscribing to our weekly newsletter. We use the information you provide to make your reading experience better, and we will never sell your data to third party members.

ENJOY UNLIMITED ACCES TO C&EN

Pharmaceuticals

Lilly Challenges Canada’s Patent Law

by Glenn Hess
September 23, 2013 | A version of this story appeared in Volume 91, Issue 38

Eli Lilly & Co. is seeking $500 million in compensation from Canada for allegedly violating its obligations under the 1994 North American Free Trade Agreement (NAFTA), which governs trade among the U.S., Canada, and Mexico. The Indianapolis-based pharmaceutical giant charges that Canadian courts have unfairly revoked patent protection for Straterra (atomoxetine), a drug used to treat attention deficit hyperactivity disorder, and Zyprexa (olanzapine), an antipsychotic drug used to treat schizophrenia. The court rulings allowed cheaper generic versions to enter the market, costing the company hundreds of millions of dollars in lost sales, Lilly says in a 32-page complaint. In 2005, Canadian courts began using a higher standard to determine whether a new drug is “useful” and therefore eligible for patent protection. Lilly is requesting arbitration by a NAFTA dispute resolution panel; complaints typically take about two years to adjudicate.

Article:

This article has been sent to the following recipient:

0 /1 FREE ARTICLES LEFT THIS MONTH Remaining
Chemistry matters. Join us to get the news you need.