Janssen Inc. v. Canada (Health), 2023 FCA 229

Justice Webb; Justice Locke; Justice Laskin - 2023-11-21

Read full decision. Automatically generated summary:

Janssen obtained notices of compliance in respect of supplemental new drug submissions (SNDSs) numbered 224739 and 244670 on January 23, 2020 and September 9, 2021, respectively. The 837 Patent issued on July 12, 2022, and on July 25, 2022, Janssen submitted a patent list (pursuant to the PMNOC Regulations) in respect of SNDS 244670 identifying the 837 Patent. SNDS 224739 was not mentioned in this July 25, 2022 submission. It was only on September 14, 2022 that Janssen sought to include SNDS 224739 in the patent list. ... For the purposes of the present appeal, it is sufficient to address only one of the reasons cited by OSIP: that the patent list submitted on July 25, 2022 did not relate to SNDS 224739, and the submission on September 14, 2022 that did mention SNDS 224739 was outside the 30-day period from the date of issuance of the 837 Patent, as contemplated in subsection 4(6) of the Regulations.

Decision relates to:

  • A-192-23 - Janssen Inc. v. The Minister of Health et al.


Canadian Intellectual Property