Decision

Hospira Healthcare Corporation, et al. v. The Kennedy Trust for Rheumatology Research, et al., 2020 FCA 191 (Infliximab*)

Justice Stratas; Justice Gleason; Justice Laskin - 2020-11-05

Read full decision. Automatically generated summary:

The appellants, collectively termed Pfizer, appeal from two orders of the Federal Court, 2019 FC 1252 and 2019 FC 1253 (per Phelan, J.), which were made in a bifurcated patent infringement and validity action. In the first order, the Federal Court judge dismissed an appeal from an order of a prothonotary, disallowing a proposed amendment to Pfizer’s Statement of Issues in the damages phase. In the second order, the Federal Court judge dismissed a second motion by Pfizer to amend its Statement of Issues to assert the same claim that had been disallowed by the prothonotary, albeit set out in greater detail in Pfizer’s proposed amendments the second time.

Decision relates to:

  • A-396-19 - HOSPIRA HEALTHCARE CORP. v. THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH which is an appeal from a decision dated 2019-10-03 in T-396-13
  • A-397-19 - hOSPIRA HELTHCARE CORP. v. THE KENNEDY TRUST RHEUMATOLOGY RESEARCH which is an appeal from a decision dated 2019-10-03 in T-396-13

 

Canadian Intellectual Property