Sandoz Canada Inc. v. Janssen Inc., 2023 FCA 221

Justice Mactavish; Justice Locke; Justice Monaghan - 2023-11-09

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This appeal concerns 2022 FC 715 that dismissed allegations by the appellant, Sandoz, that the Patent is invalid on various grounds. ... In oral submissions, Sandoz addressed only the lack of utility argument and urged the Court to focus on that argument. For the reasons discussed below, I would dismiss the present appeal. ... Sandoz acknowledges that the Federal Court did not err simply in failing to state that the threshold for a sound prediction is a prima facie reasonable inference of utility. However, Sandoz urges this Court to infer that the Federal Court failed to apply this threshold because, it says, the evidence could not support it. ... In conclusion, the factual conclusions cited by Sandoz, and enumerated in paragraph 19 above, do not lead me to conclude that the Federal Court applied a threshold for sound prediction lower than a prima facie reasonable inference of utility. The Federal Court’s failure to cite this wording is not remarkable, and does not amount to an error of law.

Decision relates to:


Canadian Intellectual Property