Pharmascience Inc. v. Janssen Inc., 2024 FCA 10
Justice Goyette; Justice Locke; Justice de Montigny - 2024-01-12
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This is an appeal of a decision of the Federal Court (2022 FC 62) in the context of an action brought pursuant to subsection 6(1) of the PM(NOC) Regulations. ... Pharmascience brought a motion for summary trial or, alternatively, for dismissal of Janssen’s action pursuant to section 6.08 of the Regulations, on the basis that its product would not infringe the 335 Patent since it would not provide the 75 mg-eq. dose, which is an essential element of all of the claims thereof. ... Janssen argues that the jurisprudence concerning implied license is limited to the patented article itself, and therefore the purchase from Janssen of only the 75 mg-eq. dose would not carry with it an implied license to combine that dose with other doses obtained from Pharmascience to practise the patent invention. ... In summary, I am not convinced that the Federal Court erred in any way in its finding that users of Janssen’s 75 mg-eq. dose with Pharmascience’s doses in other amounts would directly infringe the 335 Patent and hence that the first prong of the test for inducing patent infringement would be met. ... It follows from the foregoing that I would dismiss the present appeal.
Decision relates to:
- A-69-22 - PHARMASCIENCE INC. v. JANSSEN INC. and JANSSEN PHARMACEUTICA N.V. which is an appeal from 2022 FC 62 in T-1441-20