Janssen Inc. v. Apotex Inc., 2023 FCA 253

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Date22 December 2023
Citation2023 FCA 253
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4 practice notes
  • Pharmascience Inc. v. Janssen Inc., 2024 FCA 23
    • Canada
    • Court of Appeal (Canada)
    • February 1, 2024
    ...recently granted by this Court against Apotex Inc. in a parallel action involving Janssen and the 335 Patent (Janssen Inc. v. Apotex Inc., 2023 FCA 253). Paragraphs 64 to 70 of that decision explain the reasoning for granting an injunction of that [62] I note also, as does Janssen, that Pha......
  • Bayer Inc. v. BGP Pharma ULC d.b.a. Viatris Canada, 2024 FCA 29
    • Canada
    • Court of Appeal (Canada)
    • February 13, 2024
    ...The Minister’s interpretation is consistent with the purpose and scheme of the Regulations (Janssen Inc. v. Apotex Inc., 2023 FCA 253; Bristol-Myers Squibb Co. v. Canada (Attorney General), 2005 SCC 26, [2005] 1 S.C.R. 533) and his decision is both justifiable and justified and bears......
  • 2023 Year In Review: Life Sciences In Canada
    • Canada
    • Mondaq Canada
    • January 25, 2024
    ...(Notice of Compliance) Regulations ("PM(NOC) Regulations"). We highlight seven of these decisions below. Janssen Inc. v. Apotex Inc., 2023 FCA 253: Serving serial NOAs raising different issues found to be an abuse of In Janssen v Apotex, Janssen successfully appealed the Federal Court's dec......
  • Canadian Patent Law 2023: A Year In Review
    • Canada
    • Mondaq Canada
    • January 25, 2024
    ...that the product is non-infringing and, if unsuccessful, alleging that the relevant patent(s) is/are invalid. In Janssen Inc v Apotex Inc, 2023 FCA 253, the Federal Court of Appeal found that filing consecutive NOAs in respect of the same patent, the first alleging non-infringement and the ......
2 cases
  • Pharmascience Inc. v. Janssen Inc., 2024 FCA 23
    • Canada
    • Court of Appeal (Canada)
    • February 1, 2024
    ...recently granted by this Court against Apotex Inc. in a parallel action involving Janssen and the 335 Patent (Janssen Inc. v. Apotex Inc., 2023 FCA 253). Paragraphs 64 to 70 of that decision explain the reasoning for granting an injunction of that [62] I note also, as does Janssen, that Pha......
  • Bayer Inc. v. BGP Pharma ULC d.b.a. Viatris Canada, 2024 FCA 29
    • Canada
    • Court of Appeal (Canada)
    • February 13, 2024
    ...The Minister’s interpretation is consistent with the purpose and scheme of the Regulations (Janssen Inc. v. Apotex Inc., 2023 FCA 253; Bristol-Myers Squibb Co. v. Canada (Attorney General), 2005 SCC 26, [2005] 1 S.C.R. 533) and his decision is both justifiable and justified and bears......
2 firm's commentaries
  • 2023 Year In Review: Life Sciences In Canada
    • Canada
    • Mondaq Canada
    • January 25, 2024
    ...(Notice of Compliance) Regulations ("PM(NOC) Regulations"). We highlight seven of these decisions below. Janssen Inc. v. Apotex Inc., 2023 FCA 253: Serving serial NOAs raising different issues found to be an abuse of In Janssen v Apotex, Janssen successfully appealed the Federal Court's dec......
  • Canadian Patent Law 2023: A Year In Review
    • Canada
    • Mondaq Canada
    • January 25, 2024
    ...that the product is non-infringing and, if unsuccessful, alleging that the relevant patent(s) is/are invalid. In Janssen Inc v Apotex Inc, 2023 FCA 253, the Federal Court of Appeal found that filing consecutive NOAs in respect of the same patent, the first alleging non-infringement and the ......

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