Case: Janssen Inc v Actavis Pharma
Company, 2016 FC 1361
Drug: CONCERTA®
(methylphenidate extended release)
Nature of case:
Prohibition application pursuant to section 6 of the Patented
Medicines (Notice of Compliance)Regulations,
SOR/93-133 (the Regulations)
Successful party: Janssen Inc.
Date of decision: January 9, 2017
Summary
The Federal Court granted Janssen's application for a
prohibition order relating to Actavis' generic version of its
CONCERTA® product, finding that Actavis'
allegations of invalidity (including obviousness, lack of utility
and overbreadth) and non-infringement were not justified.
Claims construction
The patent relates to the use of compositions that release
methylphenidate in a "sustained-ascending dose over
time." In a previous proceeding between Janssen and Novopharm
relating to the same patent (Janssen-Ortho Inc v Canada
(Health), 2010 FC 42), Justice Zinn had construed the
phrase "sustained-ascending dose over
