Sandoz Canada Inc. v. Janssen Inc.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Judge | LOCKE ; MACTAVISH ; MONAGHAN |
| Citation | 2023 FCA 221 |
| Docket Number | A-128-22 |
| Date | 09 November 2023 |
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4 practice notes
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Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation
...standard and certainty is too much: Wellcome Foundation at paras 62, 63, 77. The threshold is not high: Sandoz Canada Inc v Janssen Inc, 2023 FCA 221 [Sandoz] at para 24. The patent may be sustained provided a prima facie reasonable inference of utility exists: Novopharm at para 85; Sandoz ......
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McCain Foods Limited v. J.R. Simplot Company
...the desired result can be inferred from the factual basis; and (3) proper disclosure: Apotex AZT at para 70; Sandoz Canada v Janssen Inc, 2023 FCA 221 at para 7. These elements are to be assessed as a function of the knowledge and understanding of the POSITA: Bell Helicopter at para 152; Ap......
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2023 Year In Review: Life Sciences In Canada
...the focus should instead have been on the proceedings before the Court. Read the full decision here. Sandoz Canada Inc v. Janssen Inc, 2023 FCA 221: Sound prediction threshold remains the The Federal Court of Appeal in Sandoz v Janssen provided a clarification and summary of the jurispruden......
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Canadian Patent Law 2023: A Year In Review
...("Eli Lilly"), 2010 FCA 197). Did Eli Lilly increase the threshold for sound prediction from Wellcome? In Sandoz Canada Inc v Janssen Inc, 2023 FCA 221, the Federal Court of Appeal held that the Federal Court did not erroneously apply a lower threshold for sound prediction, in considering W......
2 cases
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Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation
...standard and certainty is too much: Wellcome Foundation at paras 62, 63, 77. The threshold is not high: Sandoz Canada Inc v Janssen Inc, 2023 FCA 221 [Sandoz] at para 24. The patent may be sustained provided a prima facie reasonable inference of utility exists: Novopharm at para 85; Sandoz ......
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McCain Foods Limited v. J.R. Simplot Company
...the desired result can be inferred from the factual basis; and (3) proper disclosure: Apotex AZT at para 70; Sandoz Canada v Janssen Inc, 2023 FCA 221 at para 7. These elements are to be assessed as a function of the knowledge and understanding of the POSITA: Bell Helicopter at para 152; Ap......
2 firm's commentaries
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2023 Year In Review: Life Sciences In Canada
...the focus should instead have been on the proceedings before the Court. Read the full decision here. Sandoz Canada Inc v. Janssen Inc, 2023 FCA 221: Sound prediction threshold remains the The Federal Court of Appeal in Sandoz v Janssen provided a clarification and summary of the jurispruden......
-
Canadian Patent Law 2023: A Year In Review
...("Eli Lilly"), 2010 FCA 197). Did Eli Lilly increase the threshold for sound prediction from Wellcome? In Sandoz Canada Inc v Janssen Inc, 2023 FCA 221, the Federal Court of Appeal held that the Federal Court did not erroneously apply a lower threshold for sound prediction, in considering W......
