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Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research,
5 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 ..."
Amgen Inc. v. Pfizer Canada ULC,
"...the evidence of one expert witness over another (see, e.g. Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2018 FC 259 [Hospira FC] at para 203, rev’d on other grounds 2020 FCA 30 [Hospira FCA]). [308] Amgen also argues the blinding of Dr. Van Etten was of little v..."
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Start a free trial5 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..."
Going Overboard On Overbreadth
"...to re-incorporate the promise doctrine into validity attacks other than utility. For instance, in Hospira v The Kennedy Trust et al (2018 FC 259), Justice Phelan stated that "it would be inconsistent to discard [promise] doctrine only to have it resurface under another principle without cle..."
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5 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 ..."
Amgen Inc. v. Pfizer Canada ULC,
"...the evidence of one expert witness over another (see, e.g. Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2018 FC 259 [Hospira FC] at para 203, rev’d on other grounds 2020 FCA 30 [Hospira FCA]). [308] Amgen also argues the blinding of Dr. Van Etten was of little v..."
Try vLex and Vincent AI for free
Start a free trialStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
5 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..."
Going Overboard On Overbreadth
"...to re-incorporate the promise doctrine into validity attacks other than utility. For instance, in Hospira v The Kennedy Trust et al (2018 FC 259), Justice Phelan stated that "it would be inconsistent to discard [promise] doctrine only to have it resurface under another principle without cle..."