Janssen Inc. v. Pharmascience Inc., 2022 FC 62
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2022 FC 62 |
| Date | 19 January 2022 |
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24 practice notes
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Janssen Inc. v. Apotex Inc., 2022 FC 996
...If it were otherwise, inducing infringement could never be found in the context of pharmaceutical 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]. Furth......
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Janssen Inc. v. Apotex Inc., 2023 FCA 253
...in the original proceeding. That proceeding (T-1441-20) resulted in a summary trial regarding PMS’s non-infringement allegation (2022 FC 62, 190 C.P.R. (4 th) 1, which is the subject of an appeal in this Court, File No. A-69-22, which has been heard and remains under reserve), and p......
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2022 Year In Review: IP Litigation
...by alleged infringers, warranting the actions 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 broug......
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Janssen Inc. v. Pharmascience Inc., 2022 FC 1218
...dose) of any of the 63 claims of the 335 Patent and, therefore, cannot infringe the 335 Patent. [48] In Janssen Inc. v. Pharmascience Inc., 2022 FC 62 [PMS Paliperidone], I found that Janssen had shown, on a balance of probabilities, that Pharmascience’s proposed pms-PALIPERIDONE PAL......
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11 cases
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Janssen Inc. v. Apotex Inc., 2022 FC 996
...If it were otherwise, inducing infringement could never be found in the context of pharmaceutical 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]. Furth......
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Janssen Inc. v. Apotex Inc., 2023 FCA 253
...in the original proceeding. That proceeding (T-1441-20) resulted in a summary trial regarding PMS’s non-infringement allegation (2022 FC 62, 190 C.P.R. (4 th) 1, which is the subject of an appeal in this Court, File No. A-69-22, which has been heard and remains under reserve), and p......
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Janssen Inc. v. Pharmascience Inc., 2022 FC 1218
...dose) of any of the 63 claims of the 335 Patent and, therefore, cannot infringe the 335 Patent. [48] In Janssen Inc. v. Pharmascience Inc., 2022 FC 62 [PMS Paliperidone], I found that Janssen had shown, on a balance of probabilities, that Pharmascience’s proposed pms-PALIPERIDONE PAL......
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UPL NA Inc. v. AgraCity Crop & Nutrition Ltd., 2022 FC 1422
...is an analogy to be made as between a drug product monograph and the end-use label for an herbicide [see Janssen Inc v Pharmascience Inc, 2022 FC 62 at paras 125, 129; Abbott Laboratories Limited v Canada (Ministry of National Health and Welfare), 2006 FC 1411 at para 40, aff’d 2007 ......
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13 firm's commentaries
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2022 Year In Review: IP Litigation
...by alleged infringers, warranting the actions 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 broug......
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Canadian Patent Law 2022: A Year In Review
...The Federal Court also found liability for inducing infringement based on a product monograph in Janssen Inc v Pharmascience, 2022 FC 62 and Janssen Inc v Apotex Inc, 2022 FC 107 (a further discussion of which can be found in our February 25, 2022 article), despite the fact that Apotex an......
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A Coming Of Age For The Federal Court Summary Trial In Intellectual Property Litigation
...a summary trial is appropriate, the burden and onus of the underlying actions applies. See, e.g. Janssen Inc. v. Pharmascience Inc., 2022 FC 62, paras 57-58; Mud Engineering Inc. v. Secure Energy (Drilling Services) Inc., 2022 FC 943, paras 4 Federal Courts Rules, SOR/98-106, s 216(6). 5 Fe......
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Federal Court Holds Summary Trial Appropriate, Apotex And Pharmascience Will Induce Infringement Of Paliperidone Palmitate Patent
...a pair of decisions in patent litigation relating to paliperidone palmitate (Janssen's INVEGA SUSTENNA): Janssen Inc v Pharmascience, 2022 FC 62 and Janssen Inc v Apotex, 2022 FC 107. Pharmascience and Apotex each brought a motion for summary trial, seeking to dismiss Janssen's actions for ......
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