Janssen Inc. v. Canada
JANSSEN INC.
ATTORNEY GENERAL OF CANADA AND THE MINISTER OF HEALTH
Law Firm / Organization
Not Specified
Janssen Inc. sought judicial review of the Minister of Health's decision denying data protection for SPRAVATO, claiming it was an innovative drug. The Minister refused Janssen's request for reconsideration based on the timing of data protection eligibility and SPRAVATO's lack of innovation. The Office of Submissions and Intellectual Property (OSIP) supported the Minister's decision, stating that assessing SPRAVATO's eligibility after the NOC was issued was improper. The Court upheld the OSIP's decision, accepting Canada's interpretation of data protection under CUSMA. Janssen's request for reassessment was deemed unnecessary, and costs were awarded to the Respondents.
Federal Court
T-1867-21
Intellectual property
Respondent
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