- Parties: The appellants were Janssen Inc. and Janssen Pharmaceutica N.V. The respondent was Apotex Inc.

- Subject Matter: The underlying actions concerned the appellants’ Canadian patent number 2,655,335 for its paliperidone palmitate suspension (marketed as INVEGA SUSTENNA) in prefilled syringes of 50 mg/0.5 mL, 75 mg/0.75 mL, 100 mg/1.0 mL, and 150 mg/1.5 mL. The respondent sought a notice of compliance to permit it to market its generic version of INVEGA SUSTENNA. The respondent alleged that the claims of the appellants’ patent were invalid because they comprised unpatentable subject matter, namely methods of medical treatment. The appellant moved for summary judgment in four related patent infringement actions (T-1121-22, T-1122-22, T-1248-22, and T-1249-22) under the Patented Medicines (Notice of Compliance) Regulations, S.O.R./93-133. The Federal Court dismissed the appellants’ motion. The appellants’ challenged this decision.

- Ruling: The appeal court ruled in the appellants’ favour, allowed the appeal, and set aside the Federal Court’s judgment. The appeal court granted the appellants’ summary judgment motion and declared that the respondent’s defences in the underlying actions were an abuse of process. The appeal court granted the appellants the appropriate relief sought, including declarations, injunctions, and costs before the Federal Court.

- Date: The hearing was set on Dec. 7, 2023. The court released its decision on Dec. 22, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.