Janssen Inc. v. Pharmascience Inc., 2022 FC 1218 (Paliperidone*)
Justice Manson - 2022-08-23
Read full decision. Automatically generated summary:
... As stated above, at the motion for summary trial dealing solely with the issue of infringement, Janssen’s action was not dismissed, a finding of infringement was made, and this action has proceeded on the basis Pharmascience’s defence of alleged invalidity of the 335 Patent. The Parties have filed a Joint Statement of Issues: Whether any of the claims of the 335 Patent are invalid on the basis of obviousness, pursuant to section 28.3 of the Patent Act; and Whether any of the claims of the 335 Patent are invalid on the basis of lack of patentable subject matter (i.e. as a method of medical treatment) under section 2 of the Patent Act. ... In conclusion, Pharmascience has not established that the claims of the 335 Patent are invalid on the basis of either obviousness or lack of patentable subject matter (i.e. as a method of medical treatment). ... The Plaintiffs are hereby awarded a lump sum of 25% of all reasonable legal fees plus 100% of all reasonable disbursements and taxes, and any dispute about reasonableness of those fees and disbursements shall be determined by an assessment officer
Decision relates to:
- T-1441-20 - JANSSEN INC. ET AL v. PHARMASCIENCE INC.
- A-205-22(2023 FCA 11) - which is an appeal from this decision
- T-353-18 - JANSSEN INC. ET AL v. TEVA CANADA LIMITED
- T-455-20 - JANSSEN INC. ET AL. v. PHARMASCIENCE INC.
- T-553-22 - Andrew Girard et al v. The Minister of Transport et al
- T-558-22 - Janssen Inc. et Al. v. Pharmascience Inc.