This judgment arose from a patent infringement action regarding Canadian Patent No. 2,529,400 [400 Patent], which pertained to the drug JANUVIA® used for type 2 diabetes. Merck Canada Inc., as the "first person," brought the claim against Pharmascience Inc. [PMS] for infringing the Asserted Claims of the 400 Patent. PMS contended that the patent was invalid. The parties agreed to adjudicate the validity of the patent. The court found the Asserted Claims of the 400 Patent to be valid and ordered the requested relief in favor of the Plaintiffs.

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