Merck Sharp & Dohme Corp. v. Pharmascience Inc., 2022 FC 417 (Sitagliptin*)
Justice Furlanetto - 2022-04-11
Read full decision. Automatically generated summary:
This judgment arises from a patent infringement action brought under subsection 6(1) of the PMNOC Regulations. ... The innovative drug relating to the action is JANUVIA®, which is used to treat type 2 diabetes. ... The parties agreed to a stipulation that the only issue to be adjudicated at trial was the validity of the 400 Patent. ... For the reasons set out above, the Asserted Claims of the 400 Patent are not invalid for either obviousness or insufficiency and judgment in favour of Merck shall accordingly issue.
Decision relates to:
- T-419-20 - MERCK SHARP & DOHME CORP ET AL. v. PHARMASCIENCE INC.
- A-91-22 - which is an appeal from this decision
- T-667-20 - MERCK SHARP & DOHME CORP. ET AL v. JAMP PHARMA CORPORATION