Mylan Pharmaceuticals ULC

Mylan Pharmaceuticals ULC in its patent litigation victory against Eli Lilly

Client

Mylan Pharmaceuticals ULC

Value

-

Service

Intellectual Property

Date Closed

September 2020

Industry

Pharmaceuticals, Biotech & Life Sciences

Lead Office

Toronto

 

In 2020, Osler successfully defended Mylan Pharmaceuticals ULC in an action for patent infringement brought by Eli Lilly regarding the drug tadalafil (CIALIS). As the first-to-market for generic tadalafil in Canada, Mylan faced potential patent infringement damages for several years of generic sales. In the almost month long trial, Osler’s multi-party defence team established that Eli Lilly’s patent was invalid on two separate grounds including obviousness and anticipation, resulting in a victory for Mylan and awarding the costs in the company’s favour.

Mylan Pharmaceuticals ULC is a leading generics and specialty pharmaceutical company focused on manufacturing and marketing 1,400 different medicines to retail, wholesale, government and institutional customers. 

Osler, Hoskin & Harcourt LLP advised Mylan Pharmaceuticals ULC with a team consisting of Brad White, Nathaniel Lipkus, Lillian Wallace and Yael Mansour (Intellectual Property).