Pharmascience Inc. v. Janssen Inc., 2023 FCA 11

Justice Gleason - 2023-01-19

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I have before me a motion brought by the appellant (Pharmascience) to settle the contents of the appeal book in the context of an appeal 2022 FC 1218, in which the Federal Court held that one of the patents of the respondents (Janssen) was not invalid. ... In this appeal, Janssen alleges that Pharmascience is taking inconsistent positions in its Notice of Appeal on the issue of the construction of certain claims in the patent in suit from those taken by Pharmascience during the infringement summary trial before the Federal Court and on the appeal of the Infringement Summary Trial Judgment. Janssen says that it needs to file additional materials to demonstrate this inconsistency. ... I have determined that circumstances exist here that would allow for the filing of all but one of the materials that Janssen seeks to include.

Decision relates to:


Canadian Intellectual Property