AbbVie Corporation v. Janssen Inc., 2014 FC 489
Drug: ustekinumab (STELARA®)
This decision relates to the crafting of a final injunction for the sale of STELARA following a finding of infringement. In an earlier trial decision reported as 2014 FC 55, Janssen was found to be infringing AbbVie’s Canadian Patent No. 2,365,281 by selling in Canada its product known as STELARA. (Currently under appeal, docket A-95-14) The Court of Appeal earlier refused to grant a stay of the hearing of arguments on this injunction pending the outcome of the appeal, due to a lack of finding of irreparable harm (2014 FCA 112, summarized here).
The Court refused to grant an injunction stopping all sales of STELARA, as existing patients may continue to receive the medicine. New patients may also be able to take the medicine, if the physician determines it is necessary to treat the patient. However, Janssen is barred from using sales representatives to promote the use of their product to doctors. Janssen was also prohibited from conducting Phase IV trials, unless they are required by law. The Court refused to stay the injunction pending the appeal.