Janssen Inc. v. Apotex Inc., 2023 FC 912
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Date | 28 June 2023 |
| Citation | 2023 FC 912 |
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3 practice notes
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Janssen Inc. v. Apotex Inc., 2023 FCA 253
...LOCKE J.A. I. Background [1] Janssen Inc. and Janssen Pharmaceutica N.V. (collectively, Janssen) appeal a decision of the Federal Court (2023 FC 912, per Justice Michael D. Manson), which dismissed Janssen’s motion for summary judgment in four related patent infringement actions (Nos......
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Declaration Of Infringement Does Not Preclude Further NOA Based On Invalidity
...patent for dosing regimens of paliperidone palmitate (INVEGA SUSTENNA) (Canadian Patent No. 2,655,335 (335 patent)): Janssen v Apotex, 2023 FC 912. Janssen argued that Apotex's sole invalidity defence of unpatentable subject matter (method of medical treatment) was res judicata, an abuse of......
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Federal Court Of Appeal Confirms No Litigation By Installments In Patent Cases'even Under The PM(NOC) Regulations
...the new NOAs and moved for summary judgment. It argued (among other things) that Apotex's subsequent NOAs were an abuse of process. In 2023 FC 912, the Federal Court rejected Janssen's argument that Apotex should have raised the invalidity claim alongside the non-infringement claim in the p......
1 cases
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Janssen Inc. v. Apotex Inc., 2023 FCA 253
...LOCKE J.A. I. Background [1] Janssen Inc. and Janssen Pharmaceutica N.V. (collectively, Janssen) appeal a decision of the Federal Court (2023 FC 912, per Justice Michael D. Manson), which dismissed Janssen’s motion for summary judgment in four related patent infringement actions (Nos......
2 firm's commentaries
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Declaration Of Infringement Does Not Preclude Further NOA Based On Invalidity
...patent for dosing regimens of paliperidone palmitate (INVEGA SUSTENNA) (Canadian Patent No. 2,655,335 (335 patent)): Janssen v Apotex, 2023 FC 912. Janssen argued that Apotex's sole invalidity defence of unpatentable subject matter (method of medical treatment) was res judicata, an abuse of......
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Federal Court Of Appeal Confirms No Litigation By Installments In Patent Cases'even Under The PM(NOC) Regulations
...the new NOAs and moved for summary judgment. It argued (among other things) that Apotex's subsequent NOAs were an abuse of process. In 2023 FC 912, the Federal Court rejected Janssen's argument that Apotex should have raised the invalidity claim alongside the non-infringement claim in the p......