AbbVie Corp. et al. v. Janssen Inc., [2014] N.R. Uned. 142 (FCA)
| Jurisdiction | Federal Jurisdiction (Canada) |
| Judge | Trudel, Webb and Boivin, JJ.A. |
| Court | Court of Appeal (Canada) |
| Subject Matter | COURTS,PRACTICE,ADMINISTRATIVE LAW |
| Citation | [2014] N.R. Uned. 142 (FCA),[2014] N.R. Uned. 142,2014 FCA 242 |
| Date | 28 October 2014 |
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33 practice notes
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...para 74). Additionally, Justice Hughes warns in Abbvie Corporation v Janssen Inc, 2014 FC 55 at paragraph 123 (rev’d on other grounds 2014 FCA 242) that “[t]he Court is required to focus on the invention as claimed in the claims at issue, and not on some generalized concept of invention as ......
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Doan v. Canada, 2023 FC 968
...to meet any new or amended allegations. [176] Rule 75 does not prescribe the criteria for amendment. In Janssen Inc v Abbvie Corporation, 2014 FCA 242 at paragraph 3 [Abbvie], the Federal Court of Appeal stated that the test is whether it is more consonant with the interests of justice that......
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Bombardier Recreational Products Inc. v. Arctic Cat, Inc., 2020 FC 691
...of justice. Nevertheless, it is not without interest to note what some of these factors may be. In Janssen Inc. v Abbvie Corporation, 2014 FCA 242, 131 CPR (4th) 128, and later in Enercorp Sand Solutions (supra), the Court of Appeal agreed with the Tax Court: [3] On a motion to amend, the a......
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Boubala v. Khwaja, 2023 FC 658
...the interests of justice to deny the leave to amend (Rule 75(2) of the Federal Courts Rules, SOR/98-106; Janssen Inc v Abbvie Corporation, 2014 FCA 242 at para 3; Ward v Canada (Public Safety and Emergency Preparedness), 2014 FC 568 at para [17] The Respondents submit that the Application m......
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25 cases
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Angelcare Canada Inc. v. Munchkin, Inc., 2022 FC 507
...para 74). Additionally, Justice Hughes warns in Abbvie Corporation v Janssen Inc, 2014 FC 55 at paragraph 123 (rev’d on other grounds 2014 FCA 242) that “[t]he Court is required to focus on the invention as claimed in the claims at issue, and not on some generalized concept of invention as ......
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Doan v. Canada, 2023 FC 968
...to meet any new or amended allegations. [176] Rule 75 does not prescribe the criteria for amendment. In Janssen Inc v Abbvie Corporation, 2014 FCA 242 at paragraph 3 [Abbvie], the Federal Court of Appeal stated that the test is whether it is more consonant with the interests of justice that......
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Bombardier Recreational Products Inc. v. Arctic Cat, Inc., 2020 FC 691
...of justice. Nevertheless, it is not without interest to note what some of these factors may be. In Janssen Inc. v Abbvie Corporation, 2014 FCA 242, 131 CPR (4th) 128, and later in Enercorp Sand Solutions (supra), the Court of Appeal agreed with the Tax Court: [3] On a motion to amend, the a......
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Boubala v. Khwaja, 2023 FC 658
...the interests of justice to deny the leave to amend (Rule 75(2) of the Federal Courts Rules, SOR/98-106; Janssen Inc v Abbvie Corporation, 2014 FCA 242 at para 3; Ward v Canada (Public Safety and Emergency Preparedness), 2014 FC 568 at para [17] The Respondents submit that the Application m......
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8 firm's commentaries
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Canadian Patent Law: 2014 Year In Review
...Eventually, the decisions at the trial level were considered by the Court of Appeal and set aside such that a new trial was ordered. See 2014 FCA 242 and 2014 FCA 241 in this regard. The basis for setting aside the trial-level decisions was that the trial judge erred in not allowing Janssen......
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Appeal Decision Addresses the Promise Doctrine (Intellectual Property Weekly Abstracts Bulletin - Week Of November 3rd, 2014)
...and injunction set aside due to a refusal to allow an amendment to the Defence and Counterclaim Janssen Inc. v. AbbVie Corporation, 2014 FCA 242 The Federal Court of Appeal has heard three related appeals from this proceeding in the Federal Court, and in the result, has sent the matter back......
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Court Of Appeal Permits Janssen To Amend Its Plea, Dissolves STELARA Injunction And Orders New Trial
...declaring the subject patent to be valid and infringed, and remitted the matter back to the trial court for a hearing before a new judge (2014 FCA 242). The injunction was also set aside (2014 FCA Janssen's appeal from the order dismissing its motion to amend In allowing Janssen's appeal, t......
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The Top 5 Trends In Canadian Intellectual Property Law For 2015
...in the last 15 years litigated to a decision (now vacated, and never to be heard again) is Abbvie Corp v Janssen Inc, 2014 FC 55 rev'd 2014 FCA 242. Abbvie owns a patent pertaining to human antibodies and their use in treating autoimmune diseases. Janssen produces a human monoclonal antibod......
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