Janssen sought an order of prohibition until expiry of its ‘950 patent which claimed the use of an optimum dosing regimen of galantamine to treat Alzheimer’s Disease. The use of galantamine to treat Alzheimer’s Disease was already known. Mylan raised a number of allegations but Mr. Justice Barnes held that, at the very least, the claims in issue were invalid for being methods of medical treatment.
The titration regimen for galantamine in the ‘950 patent interfered with the ability of a physician to exercise his or her judgement in the administration of generic versions of the drug and therefore the allegation of invalidity was justified. Janssen cited the very recent and potentially important decision in Amazon.com, Inc. (on the patentability of business methods) but Mr. Justice Barnes indicated that he was not influenced by that decision because he said it was founded upon different public policy reasons to those in connection with methods of medical treatment.
The full text of the decision can be found at: http://decisions.fct-cf.gc.ca/en/2010/2010fc1123/2010fc1123.html