Janssen Inc. et al v. Teva Canada Limited
We successfully represented Janssen on Teva’s appeal and Janssen’s cross-appeal in a significant decision relating to the law of inducing patent infringement in Canada. The decision relates to Janssen’s patent covering INVEGA SUSTENNA® (paliperidone palmitate) once-monthly injection product for the treatment of schizophrenia. The Court of Appeal dismissed Teva’s appeal, finding that the asserted product claims in Janssen’s patent would be directly infringed by Teva’s product and that the claims are not obvious. The Court of Appeal also allowed Janssen’s cross-appeal, finding that the trial judge had erred in his decision relating to inducing infringement. The Court of Appeal conducted a thorough analysis of the law of inducing infringement in Canada and held that the trial judge had erred in finding that a previous decision of the Court of Appeal had changed the law. Applying the correct test for inducing infringement, the Court of Appeal held that Teva would induce infringement of all of the asserted claims in Janssen’s patent.
