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ARTICLE · 04 FEBRUARY 2022

Inducing A Summary Trial: Federal Court Determines Indirect Infringement Using The Summary Trial Procedure

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In Janssen Inc. v. Pharmascience Inc.1, the Federal Court found that the mechanism of a summary trial was appropriate to determine patent infringement

CanadaIntellectual Property
Andrew Shaughnessy
Andrew Shaughnessy
Yael Bienenstock
Yael Bienenstock
Henry Federer
Henry Federer
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In Janssen Inc. v. Pharmascience Inc. 1, the Federal Court found that the mechanism of a summary trial was appropriate to determine patent infringement in a Patented Medicines (Notice of Compliance) Regulations action 2. The Court found that a generic manufacturer would, based on its product monograph, induce infringement of the impugned patent.

What you need to know

  • Summary trial may provide an efficient method for determining narrow issues in a patent dispute. Here, the Court found that the summary procedure could be applied to an infringement claim even where it would not result in the determination of every issue.
  • A party opposing (or responding to) a summary trial motion must put its best foot forward regarding the underlying claims. Although the party moving for summary trial has the onus of establishing that summary trial is an appropriate mode for resolution, once that has been established and the Court moves to consider the merits of the matter,

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