Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Federal Court (Canada) |
| Citation | 2018 FC 259 |
| Date | 07 March 2018 |
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32 practice notes
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Aux Sable Liquid Products LP c. JL Energy Transportation Inc.,
...Canadian Celanese Ltd., [1937] S.C.R. 221, [1937] 2 D.L.R. 481; Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259; Bombardier Recreational Products Inc. v. Arctic Cat, Inc., 2018 FCA 172, 159 C.P.R. (4th) 319; Free World Trust v. Électro Santé ......
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Takeda Canada Inc. v. Apotex Inc.,
...[62] Both parties directed the Court to the decision in Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2018 FC 259 [Hospira FC], in which the Court commented on the admissibility of IMS data. In that case, the Court did not find the IMS data to fall within the bus......
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Janssen Inc. v. Apotex Inc., 2022 FC 996
...Limited, 2020 FC 593 at paras 35, 252-256 [Teva Paliperidone]; Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2018 FC 259 at paras 298-300, 303, 318, aff’d on this issue 2020 FCA 30 at para 41. They allege claims 1-5 of the 770 Patent would be infringed by ......
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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2020 FCA 30
...and suppliers Celltrion Healthcare Co., Ltd. and Celltrion, Inc. (collectively, Celltrion). [2] The principal decision under appeal (2018 FC 259 dated March 7, 2018) addressed the merits of the action and the counterclaim, and concluded that the 630 Patent was valid and infringed. Another d......
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17 cases
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Aux Sable Liquid Products LP c. JL Energy Transportation Inc.,
...Canadian Celanese Ltd., [1937] S.C.R. 221, [1937] 2 D.L.R. 481; Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259; Bombardier Recreational Products Inc. v. Arctic Cat, Inc., 2018 FCA 172, 159 C.P.R. (4th) 319; Free World Trust v. Électro Santé ......
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Takeda Canada Inc. v. Apotex Inc.,
...[62] Both parties directed the Court to the decision in Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2018 FC 259 [Hospira FC], in which the Court commented on the admissibility of IMS data. In that case, the Court did not find the IMS data to fall within the bus......
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Janssen Inc. v. Apotex Inc., 2022 FC 996
...Limited, 2020 FC 593 at paras 35, 252-256 [Teva Paliperidone]; Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2018 FC 259 at paras 298-300, 303, 318, aff’d on this issue 2020 FCA 30 at para 41. They allege claims 1-5 of the 770 Patent would be infringed by ......
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Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation, 2024 FC 1198
...for administration according to the claimed dosage regimen. In Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2018 FC 259 [Hospira FC], the patent in question claimed a combination of elements, leading to efficacy in duration and response (Hospira FC, above at par......
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15 firm's commentaries
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Pharmaceutical Patents And Canada's Prohibition On Patenting Methods Of Medical Treatment: A Predictable Pattern To Follow?
...[Abbvie/Canada/adalimumab]; Bayer/Cobalt/drospirenone, supra note 5; Hospira Healthcare Corp v Kennedy Trust for Rheumatology Research, 2018 FC 259 [Hospira/Kennedy/infliximab]. 9 CIPO Patent Notice 2015-01 [PN 2015-01]; CIPO Examples of purposive construction analysis of medical use claims......
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Post-AstraZeneca: Has The Promise Doctrine Vanished From Patent Litigation? Likely, Yes
...Inc, 2018 FC 41; Apotex Inc v. AstraZeneca Canada Inc, 2018 FC 181; Hospira Healthcare Corp v. Kennedy Trust for Rheumatology Research, 2018 FC 259. 3 Apotex Inc. v. Abbott Laboratories, Limited, 2018 ONSC 5199 at para 27; see also Pfizer Canada Inc, at para 4 Pfizer Canada Inc. v. Canada (......
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2018 Year In Review: Life Sciences
...Both the Federal Court and the Ontario Superior Court firmly stated in Hospira Healthcare Corp v Kennedy Trust for Rheumatology Research, 2018 FC 259 ("Hospira"), and Apotex Inc v Abbott Laboratories Ltd, 2018 ONSC 5199, that the Promise Doctrine allegations cannot be repackaged under the g......
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Patentability In Canada: Federal Court Of Appeal Questions The Fixed Dosage Amount vs Dosage Range Distinction
...v Cobalt, 2013 FC 985; Janssen v Mylan Pharmaceuticals, 2010 FC 1123 5 2020 FCA 30, on appeal as relating to patent validity from 2018 FC 259 6 [1974] SCR 111 7 2018 FC 259 at paras 136-155, quote from para 147 [Remicade/Inflectra Trial Decision] 8 Remicade/Inflectra at para 47 9 Remicade/I......
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