ARTICLE
25 September 2024

Supreme Court Of Canada To Hear Method Of Medical Treatment Appeal

SB
Smart & Biggar

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
On September 19, 2024, the Supreme Court of Canada granted Pharmascience leave to appeal a Federal Court of Appeal decision affirming a trial decision that upheld the validity of Janssen's patent relating to paliperidone palmitate
Canada Food, Drugs, Healthcare, Life Sciences

On September 19, 2024, the Supreme Court of Canada granted Pharmascience leave to appeal a Federal Court of Appeal decision affirming a trial decision that upheld the validity of Janssen's patent relating to paliperidone palmitate (INVEGA SUSTENNA).

Pharmascience asserted that Janssen's patent claiming a dosing regimen of paliperidone palmitate for the treatment of schizophrenia was invalid as it claimed an unpatentable method of medical treatment. The Federal Court of Appeal held that the inquiry into whether a claimed dosing regimen is an unpatentable method of medical treatment cannot be based exclusively on whether the dosing regimen is fixed or variable. Rather, the proper inquiry is "whether use of the invention (i.e., how to use it, not whether to use it) requires the exercise of skill and judgment". The Federal Court of Appeal affirmed the Federal Court's decision that the claims in issue were not invalid for claiming an unpatentable method of medical treatment.

Should you have any questions, please do not hesitate to contact a member of the Life Sciences Regulatory & Compliance Group or the Pharmaceutical Litigation Group.

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.

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