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Canada Sends a Scathing Reply to $500 million U.S. pharma claim

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Published on : Feb 12, 2015

The Canadian government has answered to the $500 million lawsuit filed by the American pharmaceutical industry with a scathing reply. In the reply, the Canadian government has posed questions on the intellectual-property practices of the U.S.-based pharmaceutical company that launched the case. The Canadian government states that the company files for patents on their guesses.

The almost mocking response sent by the Canadian government is 178 pages long. It is send with a submission that is filed with a NAFTA panel. The response, filed Jan. 27 was made public this week. The response seeks to invalidate many claims from the heavy suit filed by the U.S. drug-maker Eli Lilly and Co.

The company had filed the suit after the Canadian government ruled out against the company’s claims
to exclusive production rights for two drugs. Eli Lilly and Co. has claimed that patent protection laws of the Canada government are highly unpredictable, and weaker than the patent protection norms seen on an international level. The complaint was also reverberated by the U.S. government, a move that has placed the Canadian government on the watchlist of intellectual-property related laws.

The response aimed at disputing the authority of Eli Lilly and Co.’s own patents. the Canadian government stated that Eli Lilly has adopted a largely scattershot-based practice to file for patents -  it would shoot away with patent filings in every possible direction, and claim whatever hit well.

The reply also accused Eli Lilly of claiming patents for many new uses of previously-patented and known compounds and had them passed with little apparent evidence. It has listed all the different variety of patent claims made by Eli Lilly for the two drugs in question. 

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