Eli Lilly is accusing Canada of violating its obligations to foreign investors under the North American Free Trade Agreement by allowing its courts to invalidate patents for two of its drugs.
The company officially filed a complaint this week with NAFTA seeking $500 million US in compensation.
The Indianapolis-based pharmaceutical giant had already notified the federal government in June of its intention to submit a NAFTA complaint, but filed the formal "notice of arbitration" on Thursday after it failed to settle the dispute through negotiation. (...)
A Federal Court decision in 2010 invalidated Eli Lilly's patent for Strattera (atomoxetine), a drug used to treat attention deficit hyperactivity disorder (ADHD), six years before it was due to expire.
Federal Court decisions in 2009 and 2011 voided the patent for Zyprexa (olanzapine), an anti-psychotic drug used to treat schizophrenia, which was to expire in April 2011.
The challenges to both patents were initiated by the generic drug company Novopharm (later renamed Teva Canada Ltd.). (Más)