Teva Canada Limited v. Janssen Inc., 2018 FC 754 (Bortezomib*)

Justice Locke - 2018-07-18

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In the Analysis section above, I have concluded that: i) the claims in issue of the 936 Patent are invalid for obviousness; ii) the claims in issue of the 146 Patent are invalid for obviousness; and iii) the processes to manufacture Teva-bortezomib and Act-bortezomib do not infringe the 706 Patent. It follows that Teva has been successful in making its case for compensation under s. 8 of the Regulations, and that Millennium and the other plaintiffs by counterclaim have been unsuccessful in their counterclaim seeking various remedies (including damages) for alleged infringement of the 936, 146 and 706 Patents. I understand that the parties have agreed that the amount of compensation to which Teva is entitled is as stated in the Minutes of Partial Settlement they executed on December 20, 2017. In my view, it is not necessary for my Judgment to address the amount of compensation because there is no disagreement on this issue.

Decision relates to:


Canadian Intellectual Property