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ARTICLE · 16 MAY 2025

Motion To Add A Gillette Defence: Court Refuses When Pleadings Would Conflict

Aitken Klee LLP
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The Federal Court recently dismissed a motion to amend pleadings in a patent dispute between Janssen Inc. and Pharmascience Inc.

CanadaIntellectual Property
Leslie Caswell
Leslie Caswell
Aleem Abdulla
Aleem Abdulla
Chris Leichthammer
Chris Leichthammer

The Federal Court recently dismissed a motion to amend pleadings in a patent dispute between Janssen Inc. and Pharmascience Inc. Associate Judge Trent Horne's decision provides insight on when amendments to pleadings will be refused.

Background

The case involves two patents for pharmaceutical products containing macitentan. Canadian patent 2,659,770 covers macitentan's use combined with a PDE-5 inhibitor, while Canadian patent 2,621,273 covers a pharmaceutical composition with macitentan and other ingredients. PMS sought to amend its statement of defence to add a Gillette defence for both patents, claiming its product matched what was already disclosed in the prior art document WO 02/053557.

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