Pharmascience Inc. v. Janssen Inc., 2024 FCA 23

Justice Goyette; Justice Locke; Justice de Montigny - 2024-02-01

Read full decision. Automatically generated summary:

This is an appeal of a decision 2022 FC 1218 in the context of an action brought pursuant to subsection 6(1) of the PM(NOC) Regulations. ... The only ground that remains relevant for the purposes of this appeal is that the claims of the 335 Patent are invalid because they comprise unpatentable subject matter, namely methods of medical treatment. The Federal Court rejected this allegation and found the claims of the 335 Patent valid. ... To summarize, whether or not a patent claim to a dosing regimen relates to a method of medical treatment cannot be based exclusively on whether its dosing and schedule is fixed or not. The proper inquiry remains whether use of the invention (i.e., how to use it, not whether to use it) requires the exercise of skill and judgment, and the burden remains on the party challenging the patent. ... It follows from the foregoing that I would dismiss the present appeal.

Decision relates to:


Canadian Intellectual Property