Janssen Inc. v. Pharmascience Inc., 2022 FC 1218
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2022 FC 1218 |
| Date | 23 August 2022 |
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15 practice notes
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...known at the relevant time by the person skilled in the art or science to which the patent relates: Janssen Inc v Pharmascience Inc, 2022 FC 1218 at para 114 [Janssen 2022], citing Apotex Inc v Sanofi-Synthelabo Canada Inc, 2008 SCC 61 at para 37 [Sanofi or Plavix 1]; Bell Helicopter Text......
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Janssen Inc. v. Apotex Inc., 2023 FCA 253
...this Court, File No. A-69-22, which has been heard and remains under reserve), and proceeded to trial on the remaining invalidity issue (2022 FC 1218, 198 C.P.R. (4 th) 329, which is the subject of another appeal in this Court, File No. A-205-22, which has also been heard and remains under......
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Pharmascience Inc. v. Janssen Inc., 2024 FCA 23
...information disclosed in the confidential reasons. LOCKE J.A. I. Background [1] This is an appeal of a decision of the Federal Court (2022 FC 1218, per Justice Michael D. Manson) in the context of an action brought pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance)......
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Allergan Inc. v. Juno Pharmaceuticals Corp., 2023 FC 1686
...at para 52). The POSITA may be conceived of as a team of people possessed of different skills (see Janssen Inc v Pharmascience Inc, 2022 FC 1218 at para 112, citing Teva Canada Limited v Janssen Inc, 2018 FC 754 at paragraph 66, aff'd 2019 FCA 273). [82] There was no real dispute betwe......
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10 cases
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AbbVie Corporation v. Jamp Pharma Corporation, 2023 FC 1520
...known at the relevant time by the person skilled in the art or science to which the patent relates: Janssen Inc v Pharmascience Inc, 2022 FC 1218 at para 114 [Janssen 2022], citing Apotex Inc v Sanofi-Synthelabo Canada Inc, 2008 SCC 61 at para 37 [Sanofi or Plavix 1]; Bell Helicopter Text......
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Janssen Inc. v. Apotex Inc., 2023 FCA 253
...this Court, File No. A-69-22, which has been heard and remains under reserve), and proceeded to trial on the remaining invalidity issue (2022 FC 1218, 198 C.P.R. (4 th) 329, which is the subject of another appeal in this Court, File No. A-205-22, which has also been heard and remains under......
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Allergan Inc. v. Juno Pharmaceuticals Corp., 2023 FC 1686
...at para 52). The POSITA may be conceived of as a team of people possessed of different skills (see Janssen Inc v Pharmascience Inc, 2022 FC 1218 at para 112, citing Teva Canada Limited v Janssen Inc, 2018 FC 754 at paragraph 66, aff'd 2019 FCA 273). [82] There was no real dispute betwe......
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Pharmascience Inc. v. Janssen Inc., 2024 FCA 23
...information disclosed in the confidential reasons. LOCKE J.A. I. Background [1] This is an appeal of a decision of the Federal Court (2022 FC 1218, per Justice Michael D. Manson) in the context of an action brought pursuant to subsection 6(1) of the Patented Medicines (Notice of Compliance)......
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5 firm's commentaries
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Canadian Patent Law 2022: A Year In Review
...an unpatentable method of medical treatment. Claims directed to a "dosage regimen" are challenging. In Janssen Inc v Pharmascience Inc, 2022 FC 1218, the Federal Court held that "use" claims including a "loading dose" regimen where a specific dose is administered on Day 1 and a different sp......
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Federal Court Of Appeal Limits Scope Of Prohibition Against Patenting Methods Of Medical Treatment
...advice should be sought about your specific circumstances. Footnote 1. See Pharmascience Inc. v Janssen Inc. et al, 2024 FCA 23, aff'g 2022 FC 1218. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specif......
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Federal Court Clarifies Validity And Evidence-Related Legal Principles, And Declines To Grant Injunction For Infringed Patent In Humira Decision
...skill and judgement. The Court rejected this argument and applied AbbVie's reasoning that followed Janssen Inc v Pharmascience Inc, 2022 FC 1218, such that the relevant question to ask is whether the "invention as claimed" requires professional skill and judgement to practice.14 If a treati......
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Federal Court Upholds Validity Of Patent Relating To Paliperidone Palmitate
...invalid for obviousness or lack of patentable subject matter (i.e., as a method of medical treatment): Janssen Inc v Pharmascience Inc, 2022 FC 1218. The 335 patent relates to dosing regimens for paliperidone palmitate depot (long-acting) formulations for the treatment of schizophrenia. The......
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