Janssen Inc. v Pharmascience Inc.
Belmore Neidrauer secured another victory in the Federal Court of Appeal for our client Janssen.
On this appeal, the Court affirmed the validity of Janssen’s patent covering INVEGA SUSTENNA® (paliperidone palmitate) once-monthly injection product for the treatment of schizophrenia. The Court found that the patent claims patentable subject-matter and rejected Pharmascience’s argument that the patent claims an unpatentable method of medical treatment. Pharmascience had also unsuccessfully alleged obviousness at trial but dropped its appeal on obviousness before the hearing in the Court of Appeal.
The Federal Court of Appeal has now issued four separate decisions rejecting challenges by Apotex, Teva and Pharmascience regarding infringement and/or validity of Janssen’s patent.
