Janssen Inc. v. Apotex Inc., 2022 FC 107
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Date | 31 January 2022 |
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22 practice notes
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Janssen Inc. v. Apotex Inc., 2022 FC 996
...patents: Janssen Inc v Pharmascience Inc, 2022 FC 62 at paras 132-133, 137 [Pharmascience Paliperidone]; Janssen Inc v Apotex Inc, 2022 FC 107 at paras 142-143, 148 [Apotex Paliperidone]. Furthermore, a “but for” test does not mean that Apotex’s activities must be the......
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Janssen Inc. v. Apotex Inc., 2023 FCA 253
...the market with its generic version of INVEGA SUSTENNA. The Federal Court accordingly granted various injunctive remedies. That decision (2022 FC 107, 190 C.P.R. (4 th) 96) is under appeal before this Court in File No. A-36-22. That appeal has been heard, and a decision by this Court there......
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2022 Year In Review: IP Litigation
...to proceed to trial on the remaining defences of invalidity (Janssen Inc v Pharmascience Inc, 2022 FC 62; Janssen Inc v Apotex Inc, 2022 FC 107); and (3) that there was no infringement, and dismissed the action in its entirety, in a motion brought by a defendant (Steelhead LNG (ASLNG) Ltd v......
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
...any marketing efforts undertaken by NewAgco. [244] The second prong of the inducement test sets a high bar [see Janssen Inc v Apotex Inc, 2022 FC 107 at para 127]. I am not satisfied that: (a) the inclusion of NewAgco’s name on the end-use product label, as the holder of the PMRA reg......
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9 cases
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Janssen Inc. v. Apotex Inc., 2022 FC 996
...patents: Janssen Inc v Pharmascience Inc, 2022 FC 62 at paras 132-133, 137 [Pharmascience Paliperidone]; Janssen Inc v Apotex Inc, 2022 FC 107 at paras 142-143, 148 [Apotex Paliperidone]. Furthermore, a “but for” test does not mean that Apotex’s activities must be the......
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Janssen Inc. v. Apotex Inc., 2023 FCA 253
...the market with its generic version of INVEGA SUSTENNA. The Federal Court accordingly granted various injunctive remedies. That decision (2022 FC 107, 190 C.P.R. (4 th) 96) is under appeal before this Court in File No. A-36-22. That appeal has been heard, and a decision by this Court there......
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
...any marketing efforts undertaken by NewAgco. [244] The second prong of the inducement test sets a high bar [see Janssen Inc v Apotex Inc, 2022 FC 107 at para 127]. I am not satisfied that: (a) the inclusion of NewAgco’s name on the end-use product label, as the holder of the PMRA reg......
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Janssen Inc. v. Apotex Inc., 2023 FC 912
...a declaration of infringement and injunction in respect of Apotex’s proposed product in ANDS #1 (see Janssen Inc v Apotex Inc, 2022 FC 107 [APO-paliperidone 2022]). At trial, Apotex maintained that it would wait to sell | |||||||||||||||||||||||| until the 335 Patent ......
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13 firm's commentaries
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2022 Year In Review: IP Litigation
...to proceed to trial on the remaining defences of invalidity (Janssen Inc v Pharmascience Inc, 2022 FC 62; Janssen Inc v Apotex Inc, 2022 FC 107); and (3) that there was no infringement, and dismissed the action in its entirety, in a motion brought by a defendant (Steelhead LNG (ASLNG) Ltd v......
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Canadian Patent Law 2022: A Year In Review
...for pleadings arising from forms of divided infringement. When does a product monograph induce infringement? In Janssen Inc v Apotex Inc, 2022 FC 107, the Federal Court found that Apotex would not directly infringe Janssen's patent claims to use, simultaneously, separately, or over time, of......
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A Coming Of Age For The Federal Court Summary Trial In Intellectual Property Litigation
...SOR/98-106, s 216(5). 6 Corey Bessner Consulting Inc. v. Core Consultants Realty Inc., 2020 FC 224, para 33; Janssen Inc. v. Apotex Inc., 2022 FC 107, para 45; Vidéotron Ltée v. Technologies Konek Inc., 2022 FC 256, para 7 Vidéotron Ltée v. Technologies Konek Inc., 2022 FC 256, para 24. 8 J......
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2023 Year In Review: Life Sciences In Canada
...was not raised. Janssen was ultimately successful in that case, and Apotex's generic product was found to infringe the 335 Patent (2022 FC 107). Apotex then served four new NOAs alleging invalidity. Janssen commenced actions against Apotex pursuant to section 6 of the PM(NOC) Regulations. J......
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