Decision

Janssen Inc. et al. v. Sandoz Canada Inc, 2021 FC 1265 (Canagliflozin*)

Proth. Horne - 2021-11-19

Read full decision. Automatically generated summary:

On this motion, the plaintiffs essentially ask for two things: first, an order determining that the redacted portions of certain documents contain privileged information, and that privilege has not been waived; second, that they be able to “claw back” portions of other documents by determining that they contain privileged information that should have been redacted, and that the privilege has not been waived. ... The only form of privilege asserted by MTPC is patent agent privilege. ... Section 16.1(1)(c) is limited to seeking or giving advice “with respect to any matter relating to the protection of an invention” ... Having regard to all of the above, I conclude that communications “relating to the protection of an invention” as that phrase is used in section 16.1 does not extend to an analysis as to whether a product infringes third party patent rights.

Decision relates to:

  • T-1268-20 - JANSSEN INC. ET AL. v. SANDOZ CANADA INC

 

Canadian Intellectual Property