It has been 15 years since the last brand v brand challenge of a biologic patent in Canada. In 2000, Amgen’s recombinant EPO patent (for EPREX, which stimulates red blood cells to treat anaemia) was found valid and infringed by Hoffman’s RECORMON product. In January 2014 the Federal Court once again upheld the validity of certain claims of Abbott’s psoriasis antibody patent that were challenged by Janssen.
The Abbott v Janssen decision (“Decision”) provides a somewhat typical patent validity analysis. Mr. Justice Hughes favoured certain Abbott experts who found that Abbott’s discovery of a “very sticky” antibody . . . [more]