On January 14, 2020, the Federal Court released a decision by
Phelan J. in patent infringement actions pursuant to subsection
6(1) of the Patented Medicines (Notice of Compliance)
Regulations (PMNOC Regulations) relating to the drug
abiraterone acetate (Janssen's
ZYTIGA). The Court found Canadian Patent No. 2,661,422 (the 422
patent) invalid on the basis of obviousness and dismissed the
Plaintiffs' actions against Apotex, Dr. Reddy's
Laboratories, and Pharmascience: Janssen Inc v Apotex Inc,
2021 FC 7.
As
reported earlier, Phelan J. previously granted an order
prohibiting the Minister of Health from issuing a Notice of
Compliance (NOC) to Apotex for a generic version of ZYTIGA in the
last decision under the pre-amended PMNOC Regulations.
However, estoppel was not raised and both the Court and the parties
treated the matter as a new proceeding.
