JANSSEN INC, JANSSEN ONCOLOGY, INC v. BTG INTERNATIONAL LTD, 2021 FC 4

Date: 20210106 Docket: T-978-19 Citation: 2021 FC 4 Ottawa, Ontario, January 6, 2021 PRESENT: The Honourable Mr. Justice Phelan BETWEEN: JANSSEN INC, JANSSEN ONCOLOGY, INC AND BTG INTERNATIONAL LTD Plaintiffs and DR REDDY’S LABORATORIES LTD AND DR REDDY’S LABORATORIES, INC Defendants 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 Defendants and is to be removed from the Patent Register. 2 .

Except for this declaration of invalidity, the making, constructing, using or selling of REDDY-ABIRATERONE, orally administered tablets containing abiraterone acetate in a dosage strength of 250 mg by Dr Reddy’s Laboratories Ltd and/or Dr Reddy’s Laboratories, Inc in accordance with Supplemental Abbreviated New Drug Submission No. 224032 would infringe the Asserted Claims. 3 . This action is dismissed with costs to the Defendants, the whole of which is to be the subject of a further determination by the Court. blank “Michael L. Phelan” blank Judge