Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research

Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research

The Court held that Canadian Patent No. 2,261,630 is valid and not an impermissible method of medical treatment; the POSITA and common general knowledge were defined as a rheumatologist/team with limited lab/biotech support; claims construed to cover infliximab as defined by sequence and binding/function; the patent was not anticipated or obvious and met disclosure/utility requirements; Inflectra/Remsima (CT-P13) infringe the asserted claims and Hospira induced infringement by its product monograph and promotion; remedies (damages/accounting and injunction issues) to follow.

Citation
2018 FC 259
Parties
Plaintiff; Defendant to Counterclaim: HOSPIRA HEALTHCARE CORPORATION; Defendant; Plaintiff by Counterclaim; Patentee: THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH; Plaintiff by Counterclaim; Licensee/sublicensee: JANSSEN BIOTECH, INC.; Plaintiff by Counterclaim; Licensee/sublicensee: JANSSEN INC.; Plaintiff by Counterclaim; Licensee/sublicensee: CILAG GmbH INTERNATIONAL; Defendant to Counterclaim: CELLTRION HEALTHCARE CO. LTD.; Defendant to Counterclaim: CELLTRION, INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 March 2018
Procedural Posture
Patent Validity and Infringement (s.60 Application and Counterclaim) / Trial Judgment (liability Phase)
Outcome
Plaintiff’s (Hospira) invalidity claims dismissed; Defendant/Plaintiffs by Counterclaim (Kennedy and licensees) succeed on liability — 630 Patent found valid and infringed; Hospira found to have induced infringement; damages/accounting and injunctive relief to be determined.
Legal Topics
Patent Validity, Infringement, Claim Construction, Standing, Remedies (damages/injunctions)
Source Language
English
Intellectual Property Patent Law Civil Procedure Patent Validity Infringement Claim Construction Standing Remedies (damages/injunctions)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

HOSPIRA HEALTHCARE CORPORATION

Plaintiff; Defendant to Counterclaim

THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH

Defendant; Plaintiff by Counterclaim; Patentee

JANSSEN BIOTECH, INC.

Plaintiff by Counterclaim; Licensee/sublicensee

JANSSEN INC.

Plaintiff by Counterclaim; Licensee/sublicensee

CILAG GmbH INTERNATIONAL

Plaintiff by Counterclaim; Licensee/sublicensee

CELLTRION HEALTHCARE CO. LTD.

Defendant to Counterclaim

CELLTRION, INC.

Defendant to Counterclaim

Procedural Posture

Patent Validity and Infringement (s.60 Application and Counterclaim) / Trial Judgment (liability Phase)

Legal Issues

  1. 1 Ownership and standing of patentee and licensees
  2. 2 Identity of the person skilled in the art (POSITA) and common general knowledge
  3. 3 Proper claim construction (including meaning of infliximab, adjunctive therapy)

Ratio Decidendi

The Court held that Canadian Patent No. 2,261,630 is valid and not an impermissible method of medical treatment; the POSITA and common general knowledge were defined as a rheumatologist/team with limited lab/biotech support; claims construed to cover infliximab as defined by sequence and binding/function; the patent was not anticipated or obvious and met disclosure/utility requirements; Inflectra/Remsima (CT-P13) infringe the asserted claims and Hospira induced infringement by its product monograph and promotion; remedies (damages/accounting and injunction issues) to follow.

Court Disposition

Plaintiff’s (Hospira) invalidity claims dismissed; Defendant/Plaintiffs by Counterclaim (Kennedy and licensees) succeed on liability — 630 Patent found valid and infringed; Hospira found to have induced infringement; damages/accounting and injunctive relief to be determined.

Orders

  • Defendant Plaintiffs by Counterclaim awarded costs of the liability phase; parties to file written submissions on costs and on injunctive relief, damages or an accounting of profits
  • Proceedings remitted to settle formal judgment and to determine remedies (damages or accounting) and any necessary further oral hearing