Janssen Inc. v. Apotex Inc., 2022 FCA 184
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2022 FCA 184 |
| Date | 01 November 2022 |
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9 practice notes
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Dr. Reddy’s Laboratories Ltd. v. Janssen Inc., 2023 FC 448
...422 Patent to be invalid (see Janssen Inc v Apotex Inc, 2021 FC 7 ). This decision was upheld on appeal (see Janssen Inc v Apotex Inc, 2022 FCA 184). [7] Justice Phelan’s dismissal of the section 6 actions crystallized causes of action for each of DRL, Apotex, and PMS against Jansse......
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Canadian Patent Law 2022: A Year In Review
...a counterclaim based on asserted claims - Patented Medicines (Notice of Compliance) Regulations, Section 6(3) In Janssen Inc v Apotex Inc, 2022 FCA 184, the Federal Court of Appeal found that "the Regulations permit, in the context of an action under subsection 6(1) thereof, a counterclaim ......
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Apotex inc. v. Janssen inc. et al., 2023 FC 216
...to be invalid (see Janssen Inc v Apotex Inc, 2021 FC 7 ). This decision was recently upheld on appeal (see Janssen Inc v Apotex Inc, 2022 FCA 184). [6] Justice Phelan’s dismissal of the section 6 actions crystallized causes of action for the Plaintiffs pursuant to section 8 of the R......
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Dr. Reddy’s Laboratories Ltd. v. Janssen Inc., 2022 FC 1672
...to be invalid (see Janssen Inc v Apotex Inc, 2021 FC 7 ). This decision was recently upheld on appeal (see Janssen Inc v Apotex Inc, 2022 FCA 184). [10] Justice Phelan’s dismissal of the section 6 actions crystallized causes of action for the each of Dr. Reddy’s, Apotex, and PMS against Ja......
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5 cases
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Dr. Reddy’s Laboratories Ltd. v. Janssen Inc., 2023 FC 448
...422 Patent to be invalid (see Janssen Inc v Apotex Inc, 2021 FC 7 ). This decision was upheld on appeal (see Janssen Inc v Apotex Inc, 2022 FCA 184). [7] Justice Phelan’s dismissal of the section 6 actions crystallized causes of action for each of DRL, Apotex, and PMS against Jansse......
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Apotex inc. v. Janssen inc. et al., 2023 FC 216
...to be invalid (see Janssen Inc v Apotex Inc, 2021 FC 7 ). This decision was recently upheld on appeal (see Janssen Inc v Apotex Inc, 2022 FCA 184). [6] Justice Phelan’s dismissal of the section 6 actions crystallized causes of action for the Plaintiffs pursuant to section 8 of the R......
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Dr. Reddy’s Laboratories Ltd. v. Janssen Inc., 2022 FC 1672
...to be invalid (see Janssen Inc v Apotex Inc, 2021 FC 7 ). This decision was recently upheld on appeal (see Janssen Inc v Apotex Inc, 2022 FCA 184). [10] Justice Phelan’s dismissal of the section 6 actions crystallized causes of action for the each of Dr. Reddy’s, Apotex, and PMS against Ja......
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Boehringer Ingelheim (Canada) Ltd. v. Sandoz Canada Inc., 2023 FC 241
...is that the Defendants cannot counterclaim against the Non-Asserted Claims without leave of the Court. In Janssen Inc v Apotex Inc, 2022 FCA 184 [Janssen], the Federal Court of Appeal (per Locke J.A.) held that the PM(NOC) Regulations do not prohibit counterclaims against non-asserted claim......
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4 firm's commentaries
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Canadian Patent Law 2022: A Year In Review
...a counterclaim based on asserted claims - Patented Medicines (Notice of Compliance) Regulations, Section 6(3) In Janssen Inc v Apotex Inc, 2022 FCA 184, the Federal Court of Appeal found that "the Regulations permit, in the context of an action under subsection 6(1) thereof, a counterclaim ......
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Canadian Patent Law: 2022 Year In Review
...insufficiency and the document in respect of which insufficiency is to be assessed (namely, the patent as granted). In Janssen v Apotex, (2022 FCA 184) the FCA addressed an appeal concerning the validity of a patent held by Janssen that related to the treatment of prostate cancer by co-admi......
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Federal Court Of Appeal Upholds Obviousness Finding Re: Janssen's Abiraterone Acetate And Prednisone Combination Therapy Patent
...on November 1, 2022, the Federal Court of Appeal dismissed Janssen's appeal on all issues, as discussed below: Janssen Inc v Apotex Inc, 2022 FCA 184. Trial judge's finding that abiraterone acetate was known to be a prostate cancer The 422 patent concerns the treatment of prostate cancer in......
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Federal Court Permits Counterclaim As Of Right Against Non-Asserted Patent Claims In S. 6(1) PMNOC Actions
...non-asserted claims without leave of the Court ' was appropriate for adjudication by way of summary judgment. In Janssen Inc v Apotex Inc, 2022 FCA 184, the Federal Court of Appeal (FCA) held that the PMNOC Regulations do not prohibit counterclaims against non-asserted claims in subsection ......