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ARTICLE · 07 MAY 2024

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Federal Court Finds Patent For Concentrated Methotrexate Solutions Obvious

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On March 26, 2024, the Federal Court dismissed Medexus and Medac's action for patent infringement of Canadian Patent No 2,659,662 (the 662 Patent)...

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Smart & Biggar
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On March 26, 2024, the Federal Court dismissed Medexus and Medac's action for patent infringement of Canadian Patent No 2,659,662 (the 662 Patent), finding the asserted claims invalid for obviousness: Medexus Pharmaceuticals Inc v Accord Healthcare Inc, 2024 FC 424.

Medexus markets and sells pre-filled syringes containing 50 mg/ml methotrexate solution in Canada as METOJECT. Accord received marketing approvals to market syringes and injector devices pre-filled with a 50 mg/ml methotrexate solution. Accord conceded infringement.

The narrowest claim of the 662 patent (claim 10) as modified by limitations of other claims (claims 1-9) is:

Use of methotrexate for the production of a subcutaneously administered medicament that is contained in a ready-made syringe for a single application and that is in a form suitable for patient self-administration, for the treatment of rheumatoid arthritis, wherein the methotrexate is present at a dosage of 5 to 40 mg in

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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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