Canada Supreme Court Won’t Hear Eli Lilly Zyprexa Appeal

Canada’s Supreme Court dismissed Eli Lilly & Co. (LLY)’s request to appeal a federal court decision that invalidated its Canadian patent for schizophrenia drug Zyprexa.

The country’s highest court said in a statement today it decided not to look at the case after hearing from parties involved in the matter earlier this week. A Federal Court in 2011 ruled the patent was invalid because it did not meet “utility” requirements.

The Indianapolis-based firm has claimed recent decisions by Canadian courts invalidating 17 drug patents over “utility” requirements have made the country an outlier among major developed countries, prompting the company in December to notify Canada of its plans to file a trade complaint over its patent for its Strattera drug.

“Addressing Canada’s outlier status with respect to the interpretation of patent law is a priority for Lilly,” the company said in a statement today. “We will continue to consider all our legal options to protect what we believe to be valid intellectual property rights protecting our patents in Canada.”

To contact the reporter on this story: Theophilos Argitis in Ottawa at targitis@bloomberg.net

To contact the editor responsible for this story: David Scanlan at dscanlan@bloomberg.net

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