Apotex Inc. v. Janssen Inc., 2024 FCA 9
Justice Goyette; Justice Locke; Justice de Montigny - 2024-01-12
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This case involves an appeal of a decision from the Federal Court in an action brought under the Patented Medicines Regulations. The respondents, Janssen Inc. and Janssen Pharmaceutica N.V., sought a declaration that the appellant, Apotex Inc., would infringe their patent if it marketed a generic version of their patented medicine. The patent at issue involves a dosage regimen for the treatment of schizophrenia and related disorders. Apotex brought a motion for summary trial seeking dismissal of the action, arguing that its product would not infringe the patent because it would not provide the required dosage. The Federal Court found that Apotex would induce patent infringement with its generic version. On appeal, Apotex challenged the finding that it would induce infringement. The appellate court found that each prong of the test for inducing infringement was satisfied and upheld the lower court's decision.
Decision relates to:
- A-36-22 - APOTEX INC. v. JANSSEN INC ET AL which is an appeal from 2022 FC 107 in T-124-21