Teva Canada Limited v. Janssen Inc., 2023 FCA 68 (Paliperidone*)
Justice Stratas; Justice Gleason; Justice Woods - 2023-03-23
Read full decision. Automatically generated summary:
The appellant, Teva, appeals and the respondents, Janssen, cross-appeal from the judgment of the Federal Court 2020 FC 593, which was rendered in an action Janssen brought pursuant to subsection 6(1) of the PMNOC Regulations. ... In this appeal, Teva submits that the Federal Court made reviewable errors in concluding that claims 1 to 48 of the 335 Patent were not obvious. It further submits in the alternative that, even if the Federal Court did not err in finding the 335 Patent was not obvious, it made reviewable errors in determining that Teva would directly infringe claims 1 to 16 and 33 to 48 of the 335 Patent. Janssen, in its cross-appeal, submits that the Federal Court erred in declining to find that it would induce infringement of claims 1 to 48 of the 335 Patent. For the reasons that follow, we agree with Janssen and would accordingly dismiss this appeal and grant the cross-appeal, both with costs.
Decision relates to:
- A-131-20 - TEVA CANADA LTD. v. JANSSEN INC. ET. AL. which is an appeal from 2020 FC 593 in T-353-18