| Date: 20210106
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| Docket: T-978-19
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| Citation: 2021 FC 4
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| Ottawa, Ontario, January 6, 2021
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| PRESENT: The Honourable Mr. Justice Phelan
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| BETWEEN:
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| JANSSEN INC, JANSSEN ONCOLOGY, INC
AND BTG INTERNATIONAL LTD
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| Plaintiffs
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| and
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| DR REDDY’S LABORATORIES LTD
AND DR REDDY’S LABORATORIES, INC
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| Defendants
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JUDGMENT
THIS COURT ADJUDGES, ORDERS AND DECLARES that:
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.
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.
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.
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“Michael L. Phelan”
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Judge
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