Janssen Inc. v. Canada (Attorney General), 2020 FC 904

Justice Zinn - 2020-09-18

Read full decision. Automatically generated summary:

The Applicant attempts to persuade this Court that the decision under review, interpreting regulations, is unreasonable even though it accords with a decision of the Federal Court of Appeal. For the reasons set out below, I am not persuaded. ... The Applicant concedes that its product contains an enantiomer of the previously approved medicinal drug found in KETALAR, but argue the product should be granted data protection. It submitted that the Minister should “look beyond the fact that esketamine is an enantiomer of ketamine when assessing whether it is eligible for data protection.”

Decision relates to:


Canadian Intellectual Property