As previously reported, the Federal Court of Appeal (FCA) dismissed Millennium Pharmaceuticals and Janssen's appeal from a decision granting Teva's claim for compensation under section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to Teva's bortezomib product (Janssen markets bortezomib as VELCADE). The FCA upheld Justice Locke's finding that Teva would not have infringed Patents Nos. 2,203,936 and 2,435,146 because their relevant claims were invalid for obviousness. On January 3, 2020, Millenium Pharmaceuticals and Janssen applied to the Supreme Court of Canada for leave to appeal (Docket No. 39007).
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.