On September 19, 2024, the Supreme Court of Canada granted an application for leave to appeal in a case concerning the scope of patentable subject-matter in Canadian law, focusing on an area known as “methods of medical treatment” (MMT).

The underlying patent infringement litigation concerns Canadian Patent No. 2,655,335 (335 Patent), which teaches dosing regimens relating to INVEGA SUSTENNA® (paliperidone palmitate).

As we previously reported, Janssen, which markets INVEGA SUSTENNA® in Canada, argued that Pharmascience Inc. (PMS) would infringe the 335 Patent with a generic version of INVEGA SUSTENNA®. In defending the action, one of PMS’s arguments was that the claims of the 335 Patent were invalid because their subject-matter was an unpatentable MMT. The Federal Court and the Federal Court of Appeal disagreed with PMS.

With the Supreme Court now set to weigh in on this issue, we will continue to keep readers updated on progress in the case.

Links to decisions:

  • Pharmascience Inc. v Janssen Inc., et al., Decision dated 2024-09-19 regarding Case No. 41209.