The Federal Court of Appeal provided guidance on how to assess infringement of patents covering uses of pharmaceutical medicines. The case involved generic manufacturers arguing they do not infringe “use” patents as it is a third party, such as a physician, that ultimately uses the medication. The Court found liability for induced infringement relying on the generic Product Monograph that encouraged physicians to use the Teva-Paliperidone product in accordance with the patent claims.

Teva Canada Limited v. Janssen Inc. 2023 FCA 68

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