Date: 20210106 Docket: T-1893-19 Citation: 2021 FC 6 Ottawa, Ontario, January 6, 2021 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: JANSSEN INC, JANSSEN ONCOLOGY, INC AND BTG INTERNATIONAL LTD Plaintiffs and PHARMASCIENCE INC Defendant JUDGMENT THIS COURT ADJUDGES, ORDERS AND DECLARES that: 1 . Canadian Patent No. 2,661,422 is, and has always been, invalid, void and of no effect by reasons of obviousness/obvious to try as asserted by the Defendant and is to be removed from the Patent Register. 2 .
Except for this declaration of invalidity, the making, constructing, using or selling of PMS-ABIRATERONE, orally administered film-coated tablets containing 500 mg abiraterone acetate by Pharmascience Inc in accordance with its Abbreviated New Drug Submission No. 232148 would infringe the Asserted Claims. 3 . This action is dismissed with costs to the Defendant, the whole of which is to be the subject of a further determination by the Court. blank “Michael L. Phelan” blank Judge