Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41162
Pharmascience Inc. v. Janssen Inc. and Janssen Pharmaceutica N.V.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-07-09 | Close file on Leave | |
| 2024-06-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-06-27 | Judgment on leave sent to the parties | |
| 2024-06-27 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-69-22, 2024 FCA 10, dated January 12, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-05-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-22 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-04-24) | Pharmascience Inc. |
| 2024-04-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-05-01, (Printed version filed on 2024-04-24) | Pharmascience Inc. |
| 2024-04-12 | Notice of name, (Letter Form), (Printed version filed on 2024-04-12) | Janssen Inc. and Janssen Pharmaceutica N.V. |
| 2024-04-12 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-04-12) | Janssen Inc. and Janssen Pharmaceutica N.V. |
| 2024-04-12 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-04-12) | Janssen Inc. and Janssen Pharmaceutica N.V. |
| 2024-04-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-04-17, (Printed version filed on 2024-04-12) | Janssen Inc. and Janssen Pharmaceutica N.V. |
| 2024-03-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-03-14; | |
| 2024-03-12 | Notice of name, (Letter Form), (Printed version filed on 2024-03-19) | Pharmascience Inc. |
| 2024-03-12 |
Certificate (on limitations to public access), (Letter Form), 23B; No sensitive material has been received. , (Printed version filed on 2024-03-19) |
Pharmascience Inc. |
| 2024-03-12 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-03-19) | Pharmascience Inc. |
| 2024-03-12 |
Application for leave to appeal, (Book Form), Missing: -Filing fees;(Rec'd 2024-03-20), Completed on: 2024-04-02, (Printed version filed on 2024-03-19) |
Pharmascience Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Pharmascience Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Janssen Inc. and Janssen Pharmaceutica N.V. | Respondent | Active |
Counsel
Party: Pharmascience Inc.
Counsel
Sandon Shogilev
Bay Adelaide Centre
333 Bay Street, Suite 3400
Toronto, Ontario
M5H 2S7
Telephone: (416) 597-4142
Email: hradomski@goodmans.ca
Agent
50 O’Conner Piece
Suite 1500
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8244
FAX: (613) 298-2098
Email: andrew.montague-reinholdt@nelliganlaw.ca
Party: Janssen Inc. and Janssen Pharmaceutica N.V.
Counsel
Marian Wolanski
Megan Pocalyuko
TD North Tower, 77 King Street West
Suite 4020, P.O. Box 16
Toronto, Ontario
M5K 1A1
Telephone: (416) 863-1771
FAX: (416) 863-9171
Email: peter.wilcox@belmorelaw.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Intellectual property — Patents — Medicines — Applicant seeking regulatory approval for its generic version of components of respondents’ patented combination — Whether it is a matter of national importance for the Supreme Court of Canada to provide clarification as to the proper framework of the Renouncement Principle and revisit its juridical foundations.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Janssen Pharmaceutical N.V. is the registered owner of the 335 Patent, sold by Janssen Inc. in Canada (collectively, “Janssen”). The 335 Patent contains 63 claims relating to dosing regimens of long-acting paliperidone palmitate formulations for the treatment of schizophrenia and related disorders. The paliperidone palmitate is marketed under the brand name of Invega Sustenna in pre-filled syringes in dosage strengths of 50 mg, 75 mg, 100 mg and 150 mg.
Pharmascience (“PMS”) sought marketing approval for its generic version of paliperidone palmitate, prior to patent expiry, to be sold in the same dosage strengths, with the exception of the 75 mg pre-filled syringe. It filed a Notice of Allegation, alleging that its product would be non-infringing. Janssen Inc. responded by bringing an action against PMS under s. 6 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, asserting infringement of its 335 Patent. PMS brought a motion for a summary trial or a dismissal of the underlying action.
The trial judge granted the motion for a summary trial and found that the PMS product would be infringing. This decision was upheld on appeal.
Lower court rulings
Respondent’s action for declaration of infringement granted
Applicant’s appeal dismissed
Memorandums of argument on application for leave to appeal
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If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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