Abbvie Corporation v. Janssen Inc., 2013 FC 1148 (Ustekinumab*)
Justice Hughes - 2013-11-12
Read full decision. Automatically generated summary:
The Defendant (Plaintiff by Counterclaim) Janssen Inc. has brought a motion to amend Schedule A to its Defence and Counterclaim so as to remove some and add other references to what is generally referred to in patent litigation as “prior art”. I have reviewed the material filed, including the Ethier affidavit sworn November 6, 2013, which I have admitted for the limited purpose of establishing dates, and I have heard submissions of Counsel by teleconference on Friday, November 8, 2013. Since senior Counsel for each of the Plaintiffs and Defendant filed their own affidavits on this motion, Counsel from other firms argued the matter on behalf of the parties.
Decision relates to:
- T-1310-09 - ABBOTT LABORATORIES LIMITED ET AL v. JANSSEN-ORTHO INC.
- A-380-13(2014 FCA 242) - which is an appeal from this decision