Janssen Inc. v. Pharmascience Inc.
The Court found that Canadian Patent No. 2,661,422 was invalid and void for obviousness/obvious to try and therefore must be removed from the Patent Register; notwithstanding that finding, the Court determined that, but for the declaration of invalidity, Pharmascience's manufacture and sale of PMS-ABIRATERONE would...
Source-derived case information.
- Citation
- 2021 FC 6
- Parties
- Plaintiff: Janssen Inc.; Plaintiff: Janssen Oncology, Inc.; Plaintiff: BTG International Ltd; Defendant: Pharmascience Inc
- Court
- Federal Court
- Jurisdiction
- Canada
- Judgment Date
- 6 January 2021
- Procedural Posture
- Patent Infringement and Validity / Final Judgment
- Outcome
- Patent declared invalid and removed from the Patent Register; action dismissed; costs awarded to Defendant subject to further determination.
- Legal Topics
- Invalidity, Obviousness, Obvious to Try, Infringement, Costs, Removal From Patent Register
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janssen Inc.
Plaintiff
Janssen Oncology, Inc.
Plaintiff
BTG International Ltd
Plaintiff
Pharmascience Inc
Defendant
Procedural Posture
Patent Infringement and Validity / Final Judgment
Legal Issues
- 1 Whether Canadian Patent No. 2,661,422 is invalid for obviousness/obvious to try
- 2 Whether Pharmascience Inc.'s product (PMS-ABIRATERONE) would infringe the asserted claims if the patent were valid
- 3 Appropriate remedies and costs allocation
Ratio Decidendi
The Court found that Canadian Patent No. 2,661,422 was invalid and void for obviousness/obvious to try and therefore must be removed from the Patent Register; notwithstanding that finding, the Court determined that, but for the declaration of invalidity, Pharmascience's manufacture and sale of PMS-ABIRATERONE would infringe the asserted claims.
Court Disposition
Patent declared invalid and removed from the Patent Register; action dismissed; costs awarded to Defendant subject to further determination.
Orders
- Canadian Patent No. 2,661,422 is declared invalid, void and of no effect and is to be removed from the Patent Register.
- Except for the declaration of invalidity, the making, constructing, using or selling of PMS-ABIRATERONE by Pharmascience Inc in accordance with its ANDS/ANDS No. 232148 would infringe the Asserted Claims.
Full Case Text
Judgment text and source record
1 paragraphs
Janssen Inc. v. Pharmascience Inc. Court (s) Database Federal Court Decisions Date 2021-01-06 Neutral citation 2021 FC 6 File numbers T-1893-19 Decision Content Date: 20210106 Docket: T-1893-19 Citation: 2021 FC 6 Ottawa, Ontario, January 6, 2021 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: JANSSEN INC, JANSSEN ONCOLOGY, INC AND BTG INTERNATIONAL LTD Plaintiffs and PHARMASCIENCE INC Defendant JUDGMENT THIS COURT ADJUDGES, ORDERS AND DECLARES that: Canadian Patent No. 2,661,422 is, and has always been, invalid, void and of no effect by reasons of obviousness/obvious to try as asserted by the Defendant and is to be removed from the Patent Register. Except for this declaration of invalidity, the making, constructing, using or selling of PMS-ABIRATERONE, orally administered film-coated tablets containing 500 mg abiraterone acetate by Pharmascience Inc in accordance with its Abbreviated New Drug Submission No. 232148 would infringe the Asserted Claims. This action is dismissed with costs to the Defendant, the whole of which is to be the subject of a further determination by the Court. blank “Michael L. Phelan” blank Judge