Janssen Inc. v. Apotex Inc.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2019 FC 1355 |
| Date | 29 October 2019 |
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19 practice notes
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Janssen Inc. v. Pharmascience Inc.
...Corporation v. 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 claim......
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Allergan Inc. v. Apotex Inc.
...I note that the jurisprudence is mixed on the treatment of blinded evidence. I favour the approach noted in Janssen Inc v Apotex Inc, 2019 FC 1355 at paras 58-59 [Janssen 2019], that blinded opinions are not necessarily given greater weight just because they are blinded. As noted by the Cou......
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SIDE WIND: THE RIGHT-HOLDER'S QUEST FOR INTELLECTUAL PROPERTY ENFORCEMENT.
...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 para 232. (168) Apotex FCA, supra note 166 at para 18. (16......
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Teva Canada Innovation v. Pharmascience Inc.
...which the Court can draw a reasonable inference (Corlac Inc v Weatherford Canada Inc, 2011 FCA 228 at para 162; Janssen Inc v Apotex Inc, 2019 FC 1355 at para 235). [926] Pharmascience’s regulatory expert, Ms. Picard, explained that a product monograph describes the properties, claims, indi......
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8 cases
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Janssen Inc. v. Pharmascience Inc.
...Corporation v. 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 claim......
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Allergan Inc. v. Apotex Inc.
...I note that the jurisprudence is mixed on the treatment of blinded evidence. I favour the approach noted in Janssen Inc v Apotex Inc, 2019 FC 1355 at paras 58-59 [Janssen 2019], that blinded opinions are not necessarily given greater weight just because they are blinded. As noted by the Cou......
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Teva Canada Innovation v. Pharmascience Inc.
...which the Court can draw a reasonable inference (Corlac Inc v Weatherford Canada Inc, 2011 FCA 228 at para 162; Janssen Inc v Apotex Inc, 2019 FC 1355 at para 235). [926] Pharmascience’s regulatory expert, Ms. Picard, explained that a product monograph describes the properties, claims, indi......
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Apotex Inc. v. Janssen Inc.
...THE MINISTER OF HEALTH Respondents REASONS FOR JUDGMENT LOCKE J.A. I. Background [1] This is an appeal of a decision of the Federal Court (2019 FC 1355, per Phelan J.), which granted an application by the respondents Janssen Inc., Janssen Oncology Inc. and BTG International Ltd. (collective......
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10 firm's commentaries
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2019 Litigation Year In Review
...and https://www.ippractice.ca/litigation-statistics/intellectual-property-proceedings-in-federal-court-for-2018/ > 52 See for example 2019 FC 1355 53 2019 FC 191 54 Ibid at para 21 55 2019 FC 1039 The content of this article is intended to provide a general guide to the subject matter. Spec......
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Canadian Patent Law: 2019 Year In Review
...arginine salt combination. Other notable patent cases Last PMNOC Application Granted Under the Old Scheme In Janssen Inc v Apotex Inc, 2019 FC 1355, Justice Phelan granted Janssen's application for an order prohibiting the issuance of a Notice of Compliance to Apotex for its generic version......
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Federal Court Of Appeal Reaffirms That Advantages Can Be Considered In Obviousness Analysis
...Court of Appeal recently dismissed an appeal from Janssen v Apotex, 2019 FC 1355 (Phelan J.) in Apotex v Janssen, 2021 FCA 45. The decision under appeal granted Janssen's application for an order prohibiting the Minister of Health from granting Apotex a Notice of Compliance for APO-ABIRATER......
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Federal Court of Appeal upholds one of the last prohibition orders under the old PM(NOC) Regulations
...the Federal Court held that the 422 Patent was valid, infringed by Apotex Inc. (Apotex), and eligible to be listed on the Patent Register (2019 FC 1355, the First Proceeding). Following the September 2017 amendments to the PM(NOC) Regulations, a second Federal Court proceeding was commenced......
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1 books & journal articles
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SIDE WIND: THE RIGHT-HOLDER'S QUEST FOR INTELLECTUAL PROPERTY ENFORCEMENT.
...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 para 232. (168) Apotex FCA, supra note 166 at para 18. (16......
