Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research

Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research

The Court found Canadian Patent No. 2,261,360 valid and infringed by Pfizer Canada Inc. and Hospira Healthcare Corporation for the listed claims, dismissed Hospira's claim, granted Kennedy/Janssen's counterclaim except as to Celltrion, and directed that remedies (damages or accounting of profits), interest rates and costs be determined in a subsequent Quantification Phase.

Citation
2021 FC 41
Parties
Plaintiff; Defendant to the Counterclaim: Hospira Healthcare Corporation; Defendant; Plaintiff by Counterclaim: The Kennedy Trust for Rheumatology Research; Plaintiff by Counterclaim: Janssen Biotech, Inc.; Plaintiff by Counterclaim: Janssen Inc.; Plaintiff by Counterclaim: Cilag GmbH International; Plaintiff by Counterclaim: Cilag AG; Defendant to the Counterclaim: Celltrion Healthcare Co., Ltd.; Defendant to the Counterclaim: Celltrion, Inc.; Defendant to the Counterclaim: Pfizer Canada Inc.; Defendant to the Counterclaim: Pfizer Canada ULC
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 January 2021
Procedural Posture
Patent Infringement Action (canadian Federal Court) / Judgment Upon Reconsideration Following Liability Phase; Quantification Phase Pending
Outcome
Claim dismissed; Counterclaim granted in part (dismissed as to Celltrion Healthcare Co., Ltd. and Celltrion, Inc.).
Legal Topics
Patent Validity, Patent Infringement, Remedies, Accounting of Profits, Pre Judgment Interest, Post Judgment Interest, Costs
Source Language
English
Intellectual Property Patent Law Civil Litigation Patent Validity Patent Infringement Remedies Accounting of Profits Pre Judgment Interest +2 more

Case Brief

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Parties

Hospira Healthcare Corporation

Plaintiff; Defendant to the Counterclaim

The Kennedy Trust for Rheumatology Research

Defendant; Plaintiff by Counterclaim

Janssen Biotech, Inc.

Plaintiff by Counterclaim

Janssen Inc.

Plaintiff by Counterclaim

Cilag GmbH International

Plaintiff by Counterclaim

Cilag AG

Plaintiff by Counterclaim

Celltrion Healthcare Co., Ltd.

Defendant to the Counterclaim

Celltrion, Inc.

Defendant to the Counterclaim

Pfizer Canada Inc.

Defendant to the Counterclaim

Pfizer Canada ULC

Defendant to the Counterclaim

Procedural Posture

Patent Infringement Action (canadian Federal Court) / Judgment Upon Reconsideration Following Liability Phase; Quantification Phase Pending

Legal Issues

  1. 1 Validity of Canadian Patent No. 2,261,360 (630 Patent)
  2. 2 Whether Pfizer Canada Inc. and Hospira Healthcare Corporation infringed specified claims of the 630 Patent
  3. 3 Appropriate remedy: full compensation (damages) or accounting of profits

Ratio Decidendi

The Court found Canadian Patent No. 2,261,360 valid and infringed by Pfizer Canada Inc. and Hospira Healthcare Corporation for the listed claims, dismissed Hospira's claim, granted Kennedy/Janssen's counterclaim except as to Celltrion, and directed that remedies (damages or accounting of profits), interest rates and costs be determined in a subsequent Quantification Phase.

Court Disposition

Claim dismissed; Counterclaim granted in part (dismissed as to Celltrion Healthcare Co., Ltd. and Celltrion, Inc.).

Orders

  • The Claim is dismissed.
  • The Counterclaim is granted except in respect of Celltrion Healthcare Co., Ltd. and Celltrion, Inc., for whom the Counterclaim is dismissed.