Biogen Canada Inc. v. Pharmascience Inc., 2022 FCA 143 (Fampridine*)
Justice Gauthier; Justice Gleason; Justice Rivoalen - 2022-08-08
Read full decision. Automatically generated summary:
The appellants appeal from the decision of the Federal Court (per Manson J., 2020 FC 621). In its decision, the Federal Court dismissed the appellants’ two patent infringement actions (in T-1163-18 and T-220-19) instituted pursuant to subsection 6(1) of the Regulations. ... The main issue is whether, when applying the law, the Federal Court failed to adopt the perspective of a person skilled in the art (POSITA) when it construed the patent and reviewed the prior art. A subsidiary issue is whether the Federal Court should have dismissed the attack on the validity of the 277 Patent because the only expert evidence presented by the respondent was inadmissible and, thus, the respondents could not have met their burden of proof. For the reasons set out below, I have concluded that this appeal and the cross-appeal should be dismissed.
Decision relates to:
- A-145-20 - BIOGEN CANADA INC., et al. v. PHARMASCIENCE INC. which is an appeal from 2020 FC 621 in T-220-19
- A-146-20 - BIOGEN CANADA INC., et al. v. TARO PHARMACEUTICAL INC.
- T-1163-18 - BIOGEN CANADA INC ET AL v. TARO PHARMACEUTICALS INC
- T-220-19 - BIOGEN CANADA INC. et al. v. PHARMASCIENCE INC.