Allergan Inc. v. Juno Pharmaceuticals Corp., 2023 FC 1686 (Bimatoprost*)
Justice Pentney - 2023-12-18
Read full decision. Automatically generated summary:
This is a patent infringement action pursuant to s. 6(1) of the PM(NOC) Regulations. ... Previous decisions of this Court and the Federal Court of Appeal under the prior regime found the Plaintiffs’ patent to be valid and prevented the entry into the market of generic equivalents. In addition, there has been litigation about the equivalent patent in both the United States and the United Kingdom. The question of whether those decisions are relevant to the current proceeding under the new PM(NOC) regime is one of the issues raised in this case. ... For the reasons that follow I find in favour of the Plaintiffs. The Patent is not invalid for obviousness or lack of sufficient disclosure. The Plaintiffs are entitled to the declaration they seek.
Decision relates to:
- T-1994-21 - Allergan, Inc. et Al. v. Juno Pharmaceuticals Corp.
- A-14-24 - which is an appeal from this decision