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Inducement Direct Infringement

Smart & Biggar

Federal Court of Appeal and Federal Court release three decisions relating to macitentan (Janssen’s OPSUMIT)

Smart & Biggar on

Federal Court of Appeal (FCA) dismisses appeal on finding of inducement: Apotex Inc v Janssen Inc, 2023 FCA 220 - Apotex appealed the trial decision, finding that Apo-Macitentan would infringe Canadian Patent No. 2,659,770...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Takes Claim Preclusion by the Horns

On July 5, in Inguran, LLC v. ABS Global, Inc, the Federal Circuit issued an opinion clarifying the preclusive effect of a direct infringement claim on subsequent inducement claims. The court held that an earlier direct...more

Smart & Biggar

Federal Court holds summary trial appropriate, Apotex and Pharmascience will induce infringement of paliperidone palmitate patent

Smart & Biggar on

The Federal Court released a pair of decisions in patent litigation relating to paliperidone palmitate (Janssen’s INVEGA SUSTENNA): Janssen Inc v Pharmascience, 2022 FC 62 and Janssen Inc v Apotex, 2022 FC 107. Pharmascience...more

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