Janssen Inc. v Apotex Inc.
Belmore Neidrauer has successfully represented Janssen on another appeal, resulting in a decision overturning the Federal Court’s denial of summary judgment.
This appeal relates to abuse of process in patent litigation. In particular, the Court of Appeal re-affirmed the applicability of abuse of process in actions commenced under the Patented Medicines (Notice of Compliance) Regulations. The Federal Court of Appeal agreed that it is an abuse of process for a defendant to deliver a Notice of Allegation alleging non-infringement, defend the ensuing infringement action by denying that its product will infringe and then, having lost that action, deliver a second Notice of Allegation alleging invalidity and seek to defend the ensuing action on that basis.
The Federal Court of Appeal allowed Janssen’s appeal, granted Janssen’s motion for summary judgment and issued an injunction against Apotex.