Decision

Janssen-Ortho Inc. v. Novopharm Ltd., 2006 FC 1234

Justice Hughes - 2006-10-17

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This action concerns the infringement and validity of a Canadian Patent relating to an antimicrobial drug known as levofloxacin. There is only one claim of the Patent at issue, claim 4. The Defendant has admitted infringement of that claim. Validity of claim 4 and remedies are the contested issues. For the reasons that follow, I find that claim 4 is valid and infringed. The Plaintiffs are entitled to damages and interest. An injunction, with a certain delay and conditions, and delivery up, is granted.

Decision relates to:

 

Canadian Intellectual Property