Medexus Pharmaceuticals Inc. v. Accord Healthcare Inc.

Medexus Pharmaceuticals Inc. v. Accord Healthcare Inc.

Court found the notional skilled person was a team of a rheumatologist and a pharmaceutical formulator with relevant CGK; the inventive concept of the Asserted Claims was the methotrexate concentration (eg 'about 50 mg/ml') in the context of subcutaneous administration; prior art and CGK disclosed methotrexate formulations up to 100 mg/ml, interchangeability of parenteral routes, commercially available vials and pre-filled syringes, and the relationship between concentration and injection volume; bridging the gap to a 50 mg/ml subcutaneous ready-made syringe was within routine skills and common general knowledge and therefore obvious; accordingly the Asserted Claims 1-10, 18-22, 35 and 39...

Citation
2024 FC 424
Parties
Plaintiff (defendant by Counterclaim): Medexus Pharmaceuticals Inc.; Plaintiff (defendant by Counterclaim): Medexus Inc.; Plaintiff (defendant by Counterclaim): medac Gesellschaft für klinische Spezialpräparate mbH; Defendant (plaintiff by Counterclaim): Accord Healthcare Inc.; Defendant (plaintiff by Counterclaim): Intas Pharmaceuticals Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 March 2024
Procedural Posture
Patent Infringement (validity Challenge) / Trial Judgment and Reasons Issued (judgment)
Outcome
Action dismissed; counterclaim allowed in part; Asserted Claims 1-10, 18-22, 35 and 39 of Canadian Patent No. 2,659,662 declared invalid for obviousness
Legal Topics
Obviousness, Claim Construction, Ambiguity, Utility, Insufficiency, Remedies and Damages, Admissibility of Evidence
Source Language
English
Patent Law Intellectual Property Civil Litigation Obviousness Claim Construction Ambiguity Utility Insufficiency +2 more

Case Brief

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Parties

Medexus Pharmaceuticals Inc.

Plaintiff (defendant by Counterclaim)

Medexus Inc.

Plaintiff (defendant by Counterclaim)

medac Gesellschaft für klinische Spezialpräparate mbH

Plaintiff (defendant by Counterclaim)

Accord Healthcare Inc.

Defendant (plaintiff by Counterclaim)

Intas Pharmaceuticals Ltd.

Defendant (plaintiff by Counterclaim)

Procedural Posture

Patent Infringement (validity Challenge) / Trial Judgment and Reasons Issued (judgment)

Legal Issues

  1. 1 Construction of 'about 50 mg/ml'
  2. 2 Person skilled in the art and common general knowledge
  3. 3 Obviousness of asserted claims

Ratio Decidendi

Court found the notional skilled person was a team of a rheumatologist and a pharmaceutical formulator with relevant CGK; the inventive concept of the Asserted Claims was the methotrexate concentration (eg 'about 50 mg/ml') in the context of subcutaneous administration; prior art and CGK disclosed methotrexate formulations up to 100 mg/ml, interchangeability of parenteral routes, commercially available vials and pre-filled syringes, and the relationship between concentration and injection volume; bridging the gap to a 50 mg/ml subcutaneous ready-made syringe was within routine skills and common general knowledge and therefore obvious; accordingly the Asserted Claims 1-10, 18-22, 35 and 39...

Court Disposition

Action dismissed; counterclaim allowed in part; Asserted Claims 1-10, 18-22, 35 and 39 of Canadian Patent No. 2,659,662 declared invalid for obviousness

Orders

  • Action dismissed
  • Counterclaim granted in part: claims 1-10, 18-22, 35 and 39 declared invalid for obviousness