Abbvie Corporation v. Jamp Pharma Corporation, 2023 FC 1520 (Adalimumab*)
Justice McVeigh - 2023-12-04
Read full decision. Automatically generated summary:
This dispute relates to JAMP’s SIMLANDI product – a biosimilar of AbbVie’s HUMIRA. ... For the reasons that follow, I find that JAMP has established on a balance of probabilities that the asserted claims of the 868 and 917 Patents are invalid. In light of the prior art, I find the dosing regimens for the 868 and 917 Patents were obvious to try. However, I find that JAMP has failed to demonstrate that the asserted claims of the 458 Patent are invalid. Those claims are not anticipated by the “181 Application, nor are they obvious to try in light of the prior art. I also do not find the asserted claims are invalid due to overbreadth or double patenting. JAMP has conceded infringement of the 458 Patent. However, I will not grant AbbVie the injunction they sought, which would have restrained JAMP from making, using, promoting, or selling SIMLANDI in Canada until the 458 Patent expires on November 28, 2028. I also will not grant AbbVie’s request for delivery up or destruction of the infringing products.
Decision relates to:
- T-557-21 - ABBVIE CORPORATION, ET AL v. JAMP PHARMA CORPORATION
- A-347-23 - which is an appeal from this decision
- T-561-21 - ABBVIE CORPORATION, ET AL v. JAMP PHARMA CORPORATION
- T-573-21 - Jamp Pharma Corporation v. AbbVie Corporation et Al.
- T-577-21 - Jamp Pharma Corporation v. AbbVie Corporation et Al.