Millennium Pharmaceuticals Inc. v. Teva Canada Limited, 2019 FCA 273

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Date04 November 2019
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3 practice notes
  • Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
    • Canada
    • Federal Court (Canada)
    • April 7, 2022
    ...247; Teva Canada Limited v. Janssen Inc., 2018 FC 754 at para. 176, aff’d (sub nom Millenium Pharmaceuticals Inc. v. Teva Canada Limited), 2019 FCA 273, leave to appeal to SCC refused, 39007 (7 May 2020)). Practically speaking, however, so long as the single common inventive concept is foun......
  • Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
    • Canada
    • Federal Court (Canada)
    • May 31, 2022
    ...However, the skilled person is not defined on a claim-by-claim basis: Teva Canada Limited v Janssen Inc, 2018 FC 754 at para 236, aff’d 2019 FCA 273, leave to appeal to SCC refused, 39007 (7 May 2020). The skilled person embodies the common general knowledge that is generally known and acce......
  • Janssen Inc. v. Teva Canada Ltd., 2020 FC 593
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • May 5, 2020
    ...may be a team of persons with different skills (Teva Canada Limited v Janssen Inc, 2018 FC 754 at para 66 [Teva Canada], aff’d 2019 FCA 273). [99]  The parties’ experts agreed that the POSITA team includes a clinician with experience treating schizophrenia, and a pharma......
6 cases
  • Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
    • Canada
    • Federal Court (Canada)
    • April 7, 2022
    ...247; Teva Canada Limited v. Janssen Inc., 2018 FC 754 at para. 176, aff’d (sub nom Millenium Pharmaceuticals Inc. v. Teva Canada Limited), 2019 FCA 273, leave to appeal to SCC refused, 39007 (7 May 2020)). Practically speaking, however, so long as the single common inventive concept is foun......
  • Janssen Inc. v. Sandoz Canada Inc., 2022 FC 715
    • Canada
    • Federal Court (Canada)
    • May 31, 2022
    ...However, the skilled person is not defined on a claim-by-claim basis: Teva Canada Limited v Janssen Inc, 2018 FC 754 at para 236, aff’d 2019 FCA 273, leave to appeal to SCC refused, 39007 (7 May 2020). The skilled person embodies the common general knowledge that is generally known and acce......
  • Allergan Inc. v. Juno Pharmaceuticals Corp., 2023 FC 1686
    • Canada
    • Federal Court (Canada)
    • December 18, 2023
    ...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 between the parties that the POSITA, in regard to the 691 Patent, consists of a team comprised of an ophthalmolo......
  • NCS Multistage Inc. v. Kobold Corporation, 2023 FC 1486
    • Canada
    • Federal Court (Canada)
    • November 7, 2023
    ...a team of people, rather than a single individual: Teva Canada Limited v Janssen Inc, 2018 FC 754 at para 66 [Teva FC 2018], aff’d 2019 FCA 273. The POSITA has qualities of a competent technician, like deduction and dexterity, but lacks inventiveness and imagination: Whirlpool at par......
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