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Janssen v. The Minister of Health | Patent Lawsuit A-192-23

Janssen Inc. v. The Minister of Health

A-192-23 Canada Federal Court of Appeal Closed CA3113837C
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Other action filed 26 Jul 2023 in the Canada Federal Court of Appeal and closed 21 Nov 2023, with CA3113837C asserted. Recorded basis of termination: appeal dismissed.

Case recordPatsnap Litigation Data·

Case record

Patent involved
CA3113837C
Application no.
CA3113837
Case no.
A-192-23
Verdict cause
Other action
Court
Canada Federal Court of Appeal
Court level
District Court
Case region
None recorded
Chief judge
None recorded
Trial level
Other
Filed – Closed
26 Jul 2023 – 21 Nov 2023
Duration
118 days
Basis of termination
Appeal Dismissed
Products & marks
SAFE AND EFFECTIVE METHOD OF TREATING ULCERATIVE COLITIS WITH ANTI-IL12/IL23 ANTIBODY
Validity challenges
None recorded
Source: Patsnap Litigation Data. Case A-192-23, Canada Federal Court of Appeal. Open this record in Eureka
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Patent at issue
CA3113837C Active App. CA3113837

Safe and effective method of treating ulcerative colitis with Anti-il12/il23 antibody

Described are methods and compositions for clinical proven safe and effective treatment of ulcerative colitis, particularly moderately to severely active ulcerative colitis in patients who have had an inadequate response to or are intolerant of a conventional or existing therapy by intravenous and/or subcutaneous administration of an anti-IL-12/IL-23p40 antibody.

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Patent standing
Legal status
Active
Granted
12 Jul 2022
Earliest priority
24 Sep 2018
Est. expiry
24 Sep 2039
Validity challenges
None recorded
Licences recorded
None recorded
Classification
A61K39/395C07K14/54
Source: Patsnap patent data + case record. Bibliographic fields and drawings reproduced from the published patent document. Break down the claims
Parties & counsel

Parties of record

Counsel of record

Source: case record + Patsnap company data. Attorney names appear as recorded in the docket. Compare both portfolios
Outcome

Basis of termination

From the record · verbatim

“We are not convinced that there was anything unreasonable in OSIP’s analysis in this regard. We also do not agree with Janssen’s argument that subsection 4(7) of the Regulations should be read to permit it to update the patent list by adding reference to an additional SNDS. Subsection 4(7) provides that a first person “must keep the information on the list up to date”; this subsection does not permit adding a patent to the list. We see nothing in the patent list in this case that would have engaged this provision. The information on the patent list was up to date. Janssen cannot, under the guide of keeping the information on the patent list up to date, add a different SNDS to an existing patent list. [6] It follows from the foregoing that we find no reviewable error in the Federal Court’s conclusion that OSIP’s refusal to add the patent list against SNDS 224739 was reasonable. [7] We will dismiss this appeal with costs.”

Case A-192-23 · Canada Federal Court of Appeal · closed 21 November 2023
Source: case record, verbatim. The quoted paragraph is the basis-of-termination text as filed.

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Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.

FAQ

Frequently asked questions

What is case A-192-23?

A-192-23 is a patent other action brought by Janssen Inc. against The Minister of Health, filed on 26 Jul 2023 in the Canada Federal Court of Appeal. The case closed on 21 November 2023.

Which patent was asserted in A-192-23?

CA3113837C (“Safe and effective method of treating ulcerative colitis with Anti-il12/il23 antibody”), assigned to JANSSEN BIOTECH, INC., currently active. The record also lists SAFE AND EFFECTIVE METHOD OF TREATING ULCERATIVE COLITIS WITH ANTI-IL12/IL23 ANTIBODY.

How was case A-192-23 terminated?

The recorded basis of termination is appeal dismissed. The termination text reads: “We are not convinced that there was anything unreasonable in OSIP’s analysis in this regard. We also do not agree with Janssen’s argument that subsection 4(7) of the Regulations should be read to permit it to update the patent list by adding reference to an additional SNDS. Subsection 4(7) provides that a first person “must keep the information on the list up to date”; this subsection does not permit adding a patent to the list. We see nothing in the patent list in this case that would have engaged this provision. The information on the patent list was up to date. Janssen cannot, under the gu

How long did case A-192-23 take?

118 calendar days, from filing on 26 Jul 2023 to closure on 21 November 2023.

Who were the attorneys and the judge in A-192-23?

Jordana Sanft and Sana Halwani are recorded as counsel for plaintiff Janssen. Elizabeth Koudys, James Schneider and Leah Bowes appear for defendant The Minister of Health.

Answers reproduce fields from the case record for A-192-23 and do not constitute legal advice. Ask your own question

Disclaimer. This page reproduces publicly available court docket data for case A-192-23 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.

Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.

No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.

No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.

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