Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research
| Jurisdiction | Federal Jurisdiction (Canada) |
| Date | 07 March 2018 |
| Citation | 2018 FC 259 |
| Court | Federal Court (Canada) |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
32 practice notes
-
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 ......
-
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......
-
Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation,
...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......
-
Janssen Inc. v. Apotex Inc.,
...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 ......
Get Started for Free
17 cases
-
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 ......
-
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......
-
Boehringer Ingelheim (Canada) Ltd. v. Jamp Pharma Corporation
...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......
-
Janssen Inc. v. Apotex Inc.
...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 ......
Get Started for Free
15 firm's commentaries
-
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......
-
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 (......
-
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......
-
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......
Get Started for Free