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).