Janssen Pharmaceutica v. Apotex

In a decision dated February 7, 2000, Mr. Justice Nadon of the Federal Court upheld an application by Janssen Pharmaceutica, a subsidiary of Johnson & Johnson, under the Patent Act to prevent Apotex from introducing the Apotex version of Janssen’s billion dollar drug Prepulsid (cisapride) into the market on the basis that the Apotex process was a chemical equivalent to the Janssen process. The Canadian litigation was the first challenge in the world of this patent.

Counsel for Janssen were Anthony George Creber and Jennifer L. Wilkie of Gowling, Strathy & Henderson, and counsel for Apotex were Harry B. Radomski and Ivor Hughes, both of Goodman Philips & Vineberg.