An application for leave to appeal the decision in Apotex Inc. v. Janssen Inc., 2024 FCA 9 has been filed by Apotex in the Supreme Court of Canada (SCC).
In the Federal Court of Appeal (FCA) decision, the FCA upheld the Federal Court's finding that Apotex would induce infringement of Janssen's patented medicine, INVEGA SUSTENNA, by marketing its generic version. For a finding of inducement, the test generally requires: (1) direct infringement by a third party; (2) that the inducer influenced the third...
