1 Nov 2021
Janssen Inc. v. Apotex Inc.
Three proceedings (Court File Nos. A-38-21, A-36-21, A-37-21) involved appeals by Janssen, Janssen Oncology, and BTG against Apotex, Pharmascience, Dr. Reddy's Laboratories, and Dr. Reddy's Laboratories. Federal Court invalidated appellants' Canadian Patent No. 2,661,422 (2021 FC 7) for obviousness. Another appeal was made against two Orders by Justice Phelan (2022 FCA 185). The previous dispute (2019 FC 1355) didn't bind the current proceedings. The court found the combination of abiraterone acetate (AA) and prednisone (PN) obvious in treating prostate cancer. Appeals were dismissed, costs added, and Apotex Judgment (2021 FC 3) modified as stated.