Context: Janssen Inc. accused Apotex Inc. of planning to infringe on Janssen's patent by selling Apo-Macitentan, a drug for pulmonary arterial hypertension (PAH), potentially in combination with another drug covered by the patent.
Patent Details: Janssen's patent involves a treatment method combining macitentan with a PDE5 inhibitor. Apotex's product was to be sold alone, but concerns arose about its use in the patented combination.
Legal Test for Inducing Infringement:
Act of Infringement: Must be completed by a direct infringer.
Influence: The inducer must influence the infringer so that without this influence, infringement would not occur.
Knowledge: The inducer must knowingly exercise this influence.
Court's Findings:
Agreement: Both parties agreed on the patent’s validity and the legal test for inducing infringement.
Disagreement: Mainly on whether Apotex influenced and knew about the potential infringement.
Federal Court's Decision: Found that Apotex's product would be part of standard PAH care, including the patented combination, and that physicians would rely on Apotex's product information, leading to infringement.
Knowledge Aspect: Concluded Apotex should have known its product information would influence prescribing, fulfilling the third prong.
Appeal Outcome: The appeal was dismissed, with Apotex ordered to pay Janssen $10,000 in costs.
