Pharmascience Inc. v. Janssen Inc.

canada, canadian, case law, court opinion, canlii, csc-scc, 2026scc26, 2026 scc 26 (canlii), 2026, scc, 26, (canlii), 41209, 2026, intellectual property, patents, subject matter, patentability, dosing regimens, patent for dosing regimens for long, acting injectable formulation, methods of medical treatment in canadian patent law, professional skills and judgment distinguished from commercial innovation, patent upheld as claiming patentable subject matter, appeal dismissed, statutory interpretation, patent act, definition of “invention”, purposive interpretation, patent act, s. 2, whether s. 2 allows a physician’s professional skill and judgment to be patented, professional skills as unpatentable subject matter, repeal of former s. 41(1) assessed, settled jurisprudence not displaced, appeal dismissed, intellectual property, patents, methods of medical treatment, unpatentable subject matter, whether methods of medical treatment are not patentable subject matter under canadian law, professional skills are unpatentable, tennessee eastman co. v. commissioner of patents and apotex inc. v. wellcome foundation ltd. considered, test focuses on monopolizing professional medical skill and judgment, appeal dismissed, intellectual property, patents, claim construction, dosing regimen claims, whether impugned claims impermissibly claim a method of medical treatment, after a physician has chosen a dosing regimen, skill and judgment not required to implement, dosing windows and injection site found to have no clinical implications, patent cannot be invalidated on this basis, appeal dismissed without costs to either party