Eli Lilly Invokes NAFTA in Attempt to Revive Struck Down Canadian Patent

After having lost its Canadian patent for Strattera, a drug for treating attention deficit disorder, US drug company Eli Lilly & Co. has filed a Notice of Intent seeking $100 million in compensation from the Canadian government for failing to comply with Canada’s obligations  to uphold certain minimum standards of intellectual property protection under the North American Free Trade Agreement (NAFTA).  Eli Lilly alleges that its patent for Strattera was invalidated  by Canadian courts on the basis of requirements that are inconsistent with Canada’s treaty obligations. See Full Article

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