Apotex Inc. v. Janssen Inc., 2021 FCA 45
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Date | 04 March 2021 |
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25 practice notes
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Takeda Canada Inc. v. Apotex Inc., 2024 FC 106
...or art that is considered to teach away from the direction of the invention, it is not the prior art at large: Apotex Inc v Janssen Inc, 2021 FCA 45 at para 25; Pharmascience at para 160. At this stage of the analysis, it is not important to consider whether the prior art would have been lo......
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...most recently: Spectrum Brands, Inc. v Schneider Electric Industries SAS, 2021 FCA 51 [LeBlanc JA] at para 7; Apotex Inc. v Janssen Inc., 2021 FCA 45 [Locke JA] at para 44; Dixon v TD Bank Group, 2021 FC 101 [Norris J] at para 8. [32] The Federal Court of Appeal in Clorox also addressed the......
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Janssen Inc. v. Pharmascience Inc., 2022 FC 62
...Kennedy Trust for Rheumatology, 2018 FC 259 , rev’d in part 2020 FCA 30 [Hospira]; Janssen Inc. v. Apotex Inc., 2019 FC 1355 , aff’d 2021 FCA 45]. [101] In the present case, |||||||||||||||||||||||||||||||||||||||||| alone is not the patented article of the asserted claims. Rather, the ......
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Teva Canada Limited v. Janssen Inc., 2023 FCA 68
...Free World Trust v. Électro Santé Inc., 2000 SCC 66, 194 D.L.R. (4th) 232 at paras. 31(f), 68; Apotex Inc. v. Janssen Inc., 2021 FCA 45, 182 C.P.R. (4th) 233 at para. 56; Zero Spill Systems (Int’l) Inc. v. Heide, 2015 FCA 115, 130 C.P.R. (4th) 291 at para. 56, leave to appe......
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11 cases
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Beverly Hills Jewellers MFG Ltd. v. Corona Jewellery Company Ltd.,
...most recently: Spectrum Brands, Inc. v Schneider Electric Industries SAS, 2021 FCA 51 [LeBlanc JA] at para 7; Apotex Inc. v Janssen Inc., 2021 FCA 45 [Locke JA] at para 44; Dixon v TD Bank Group, 2021 FC 101 [Norris J] at para 8. [32] The Federal Court of Appeal in Clorox also addressed the......
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Janssen Inc. v. Pharmascience Inc., 2022 FC 62
...Kennedy Trust for Rheumatology, 2018 FC 259 , rev’d in part 2020 FCA 30 [Hospira]; Janssen Inc. v. Apotex Inc., 2019 FC 1355 , aff’d 2021 FCA 45]. [101] In the present case, |||||||||||||||||||||||||||||||||||||||||| alone is not the patented article of the asserted claims. Rather, the ......
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Teva Canada Limited v. Janssen Inc., 2023 FCA 68
...Free World Trust v. Électro Santé Inc., 2000 SCC 66, 194 D.L.R. (4th) 232 at paras. 31(f), 68; Apotex Inc. v. Janssen Inc., 2021 FCA 45, 182 C.P.R. (4th) 233 at para. 56; Zero Spill Systems (Int’l) Inc. v. Heide, 2015 FCA 115, 130 C.P.R. (4th) 291 at para. 56, leave to appe......
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Allergan Inc. v. Apotex Inc., 2022 FC 260
...by either demonstration or sound prediction as of the filing date (AZT, at para. 56). [795] Recently in Apotex Inc v Janssen Inc, 2021 FCA 45 [Apotex 2021], the Court of Appeal addressed the law on utility, confirming at para 49: [49] Moreover, it is not necessary that tests conclusively pr......
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12 firm's commentaries
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Federal Court Of Appeal Rejects Apotex's Appeal For Inclusion Onto Patented Medicines List
...Inc. v. Janssen Inc., 2021 FCA 45, the Federal Court of Appeal recently dismissed an appeal of the Federal Court decision 2019 FC 1355 by Apotex. The Federal Court granted an application by Janssen to prohibit the Minister of Health from granting a Notice of Compliance to Apotex for its pro......
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The Federal Court Of Appeal Further Clarifies The Test For Obviousness: That Something Is "Worth Trying" Does Not Mean That It Was Obvious To Try
...recent Federal Court of Appeal decision in Janssen et al. v. The Minister of Health (2021 FCA 45), Justice Locke, writing for the Court, provided further clarity on the test to be applied for a finding that an invention is obvious to try. In particular, Justice Locke elaborates on his previ......
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Federal Court Of Appeal Upholds One Of The Last Prohibition Orders Under The Old PM(NOC) Regulations
...inducement of infringement would clearly be within Apotex's knowledge. *** Decisions: Janssen Inc. v. Apotex Inc., 2019 FC 1355, aff'd 2021 FCA 45 Originally Published by Norton Rose, March About Norton Rose Fulbright Canada LLP Norton Rose Fulbright is a global law firm. We provide the wor......
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Federal Court of Appeal upholds one of the last prohibition orders under the old PM(NOC) Regulations
...be within Apotex’s knowledge. *** Decisions: Janssen Inc. v. Apotex Inc., 2019 FC 1355, aff’d 2021 FCA 45 a prohibition order under subsection 6(1) of the pre-September 2017 Patented Medicines (Notice of Compliance) Regulations (the PM(NOC) Regulations). The Court of Appeal upheld the prohi......
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1 books & journal articles
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SIDE WIND: THE RIGHT-HOLDER'S QUEST FOR INTELLECTUAL PROPERTY ENFORCEMENT.
...144. (165) See Corlac Inc v Weatherford Canada Inc, 2011 FCA 228 at para 162 (on the legal test for inducing others to infringe). (166) 2021 FCA 45 [Apotex FCA], aff'g Janssen Inc v Apotex Inc, 2019 FC 1355 (167) Apotex FCA, supra note 166 at para 57. See also Apotex FC, supra note 166 at p......