Decision

Janssen Inc. v. Apotex Inc., 2021 FC 7 (Abiraterone*)

Justice Phelan - 2021-01-14

Read full decision. Automatically generated summary:

This is a patent infringement action pursuant to s 6(1) of the NOC Regulations. These are the Reasons in respect of the Judgments issued January 8, 2021, dismissing the Plaintiffs’ action. The trial of these actions covered five weeks concluding at the end of November 2020. The statutory stay under the NOC Regulations expires January 9, 2021, and a decision was necessary before that date. ... The issue of invalidity is dispositive of the Plaintiffs’ Statement of Claim. However, to facilitate appellate review (which the Court was advised the Plaintiffs would seek no matter the result), the Court has dealt with the Infringement issue as well. ... A POS would be motivated to take these two agents in combination to see if they provided further benefits to the patient – in the expectation that they would. Weighing these factors together, they point to the conclusion that the combination was obvious to try. ... The Defendants will be directing the use of AA and PN for the treatment of mCRPC which therefore constitutes inducing infringement of the Asserted Claims in 422 Patent, and HSPC in respect of PMS and Dr. Reddy’s.

Decision relates to:

  • T-182-19 - JANSSEN INC. ET AL. v. PHARMASCIENCE INC.
  • T-1893-19 - JANSSEN INC. ET AL. v. PHARMASCIENCE INC.
  • T-84-19 - JANSSEN INC. ET AL. v. APOTEX INC.
  • T-978-19 - JANSSEN INC. ET AL v. DR. REDDY'S LABORATORIES LTD. ET AL

 

Canadian Intellectual Property