Alexion Pharma v. Amgen Canada, 2025 FC 754 (Eculizumab*)
Justice Furlanetto - 2025-05-12
Read full decision. Automatically generated summary:
This judgment arises from two patent infringement actions brought under subsection 6(1) of the PMNOC Regulations. ... For purposes of this proceeding, Amgen admits that there will be infringement of the Asserted Claims and relies on its defence that the Asserted Claims are invalid for anticipation and obviousness. The parties agree that the differences between T-1094-23 and T-1095-23, and Amgen’s NDS Nos. 263132 and 273714, which were material for infringement, are not relevant to the issue of validity. For the reasons that follow, I find on the evidence before me that Amgen has not met its burden of establishing that the Asserted Claims are anticipated or obvious. As such, the action is allowed, a declaration of infringement, injunction and delivery up are ordered, and costs awarded.
Decision relates to:
- T-1094-23 - ALEXION PHARMACEUTICALS, INC. et Al v. AMGEN CANADA INC.
- T-1095-23 - ALEXION PHARMACEUTICALS, INC. et Al v. AMGEN CANADA INC.