Federal Court Determines Admissibility of Testimony from Fact Witnesses who Authored Prior Art

In Medexus Pharmaceuticals v Accord Healthcare (2024 FC 424), Justice Pallotta dismissed the plaintiffs’ (“Medexus”) patent infringement action after finding that the patent at issue (“662 Patent”) was invalid for obviousness. The 662 Patent related to concentrations of subcutaneously injected methotrexate solutions used to treat rheumatoid arthritis and psoriasis/psoriatic arthritis. The decision addresses an interesting […]

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