In November 2019 the Federal Court of Appeal (FCA) dismissed Millennium Pharmaceuticals' and Janssen's appeal of a decision granting Teva's claim for compensation under Section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to Teva's bortezomib product (Janssen markets bortezomib as Velcade) (for further details please see "Federal Court of Appeal confirms obviousness finding in Section 8 bortezomib action against Teva"). The FCA upheld Justice Locke's finding that Teva would not have infringed Patents 2,203,936 and 2,435,146 because their relevant claims were invalid for obviousness. On 3 January 3 2020 Millenium Pharmaceuticals and Janssen applied to the Supreme Court of Canada for leave to appeal (Docket 39007).

For further information on this topic please contact Brandon Heard at Smart & Biggar by telephone (+1 416 593 5514) or email ([email protected]). The Smart & Biggar website can be accessed at