Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2020 FCA 30 |
| Date | 30 January 2020 |
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92 practice notes
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Rovi Guides, Inc. v. Videotron Ltd.
...of intuition; a triumph of the left hemisphere over the right”: Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2020 FCA 30, [2020] F.C.J. No. 179 at para. 79 [Hospira], citing Beloit Canada Ltd. v. Valmet Oy, [1986] F.C.J. No. 87, 8 C.P.R. (3d) 289 (F.C.A.) at 29......
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Angelcare Canada Inc. v. Munchkin, Inc.
...this hypothetical person does not benefit from inventiveness (Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2020 FCA 30 [Hospira] at para 79, citing Beloit Canada Ltd. v Valmet Oy, [1986] FCJ No. 87, 8 CPR (3d) 289 (FCA) [Beloit] at 294). It is worth repeating th......
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Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC
...the claim as written and understood” (at paras 32–34). [165] In Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2020 FCA 30, [Hospira FCA] the FCA also saw no error in the Federal Court judge’s decision to interpret the words of the claims to have their plain meani......
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Allergan Inc. v. Apotex Inc.
...distance itself from it as prior art. In addition, based on Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2020 FCA 30 at paras 86-87 [Hospira], a document available to the public prior to the claim date can be considered part of the state of the art even if it wo......
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63 cases
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Angelcare Canada Inc. v. Munchkin, Inc.
...this hypothetical person does not benefit from inventiveness (Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2020 FCA 30 [Hospira] at para 79, citing Beloit Canada Ltd. v Valmet Oy, [1986] FCJ No. 87, 8 CPR (3d) 289 (FCA) [Beloit] at 294). It is worth repeating th......
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Rovi Guides, Inc. v. Videotron Ltd.
...of intuition; a triumph of the left hemisphere over the right”: Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2020 FCA 30, [2020] F.C.J. No. 179 at para. 79 [Hospira], citing Beloit Canada Ltd. v. Valmet Oy, [1986] F.C.J. No. 87, 8 C.P.R. (3d) 289 (F.C.A.) at 29......
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Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC
...the claim as written and understood” (at paras 32–34). [165] In Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2020 FCA 30, [Hospira FCA] the FCA also saw no error in the Federal Court judge’s decision to interpret the words of the claims to have their plain meani......
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Eli Lilly Canada Inc. v. Apotex Inc.
...the claim as written and understood” (at paras 32–34). [110] In Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2020 FCA 30, [Hospira FCA] the FCA also saw no error in the Federal Court judge’s decision to interpret the words of the claims to have their plain meani......
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14 firm's commentaries
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IP Litigation 2020 Year In Review
...Apotex Inc. et al, 2021 FC 7 at para. 223 (Justice Phelan). 33. Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2020 FCA 30 (Nadon, Rivoalen, Locke JJA.). 34. Biogen Canada Inc et al v. Taro Pharmaceuticals Inc; Pharmascience Inc., 2020 FC 621. 35. Amgen Inc. v. P......
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How Well Does Canadian Law Protect Information Products? The Case Of Patents Over Diagnostic Methods
...Company v. BNSF Railway Company, 2018 FC 614, at para 46; Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2020 FCA 30, at para 15 Eli Lilly & Co v Apotex Inc, 2010 FCA 240, aff'g 2009 FC 991. See Monsanto Canada Inc. v. Schmeiser, 2004 SCC 34, at paras 35 and 44. ......
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How Well Does Canadian Law Protect Information Products? The Case Of Patents Over Diagnostic Methods
...Company v. BNSF Railway Company, 2018 FC 614, at para 46; Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2020 FCA 30, at para 15 Eli Lilly & Co v Apotex Inc, 2010 FCA 240, aff'g 2009 FC 991. See Monsanto Canada Inc. v. Schmeiser, 2004 SCC 34, at paras 35 and 44. ......
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Patentability In Canada: Federal Court Of Appeal Questions The Fixed Dosage Amount vs Dosage Range Distinction
...v Canada, 2014 FC 1251 4 e.g. Novartis Pharmaceuticals 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......
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