Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2018 FC 259 (Infliximab*)
Justice Phelan - 2018-03-07
Read full decision. Automatically generated summary:
This trial concerned the validity of Canadian Patent No. 2,261,630 [the 630 Patent] which essentially details the adjunctive use of methotrexate [MTX] and the anti-tumour necrosis factor-? [anti-TNF-?] antibody “infliximab” for the treatment of rheumatoid arthritis [RA] and other autoimmune diseases. This case also involved a counterclaim that the 630 Patent has been and will be infringed. ... For all these Reasons, Kennedy’s claim against Hospira for infringement will be granted. As discussed under the Validity section conclusions, the parties may make submissions as to costs as well as injunctive and other relief. The matter of damages or an accounting is to be left to the second part of this case. Kennedy will have the right to elect damages or an accounting of profits.
Decision relates to:
- T-396-13 - HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY INSTITUTE OF RHEUMATOLOGY
- A-338-18(2020 FCA 30) - which is an appeal from this decision
- T-396-13 - HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY INSTITUTE OF RHEUMATOLOGY
- A-338-18(2020 FCA 62) - which is an appeal from this decision