Utility

Eli Lilly v. Canada: Investor-State Arbitration Is an Open Gate for the “Patent Trolls”

In 2017, Canada won the dispute against the US-based pharmaceutical company Eli Lilly in investor-state arbitration (ISA). Foreign investors can sue sovereign governments in ISA in case of mistreatment, such as, for example, expropriation, a violation of fair and equitable treatment and discrimination.  To succeed in its claim, the investor should show that the state […]

Broken Promises: Utility Standards and Patent Applications in Canada

The last day of June 2017 saw the Supreme Court of Canada (SCC) quash the controversial Promise Doctrine. The issue at hand in AstraZeneca Canada Inc v Apotex Inc was whether the Promise Doctrine should be held as the correct standard of utility under the Patent Act. The SCC’s ruling finds the Promise Doctrine unsound […]