Hospira Healthcare Corporation v. Kennedy Institute of Rheumatology

Hospira Healthcare Corporation v. Kennedy Institute of Rheumatology

The appeal is dismissed because the prothonotary did not commit a reversible error: she applied established discovery principles (relevance as train of inquiry plus balancing proportionality and burden), acted within her discretion informed by case management knowledge, and reasonably refused or limited numerous discovery requests as irrelevant, duplicative, unduly onerous, seeking expert/legal opinion or resolved by other parties; foreign transcripts are not discoverable other than for impeachment; costs were fixed.

Citation
2015 FC 1292
Parties
Plaintiff/moving Party (appellant): Hospira Healthcare Corporation; Defendant/responding Party: The Kennedy Institute of Rheumatology; Plaintiff by Counterclaim/responding Party: The Kennedy Trust for Rheumatology Research; Plaintiff by Counterclaim/responding Party: Janssen Biotech, Inc.; Plaintiff by Counterclaim/responding Party: Janssen Inc.; Plaintiff by Counterclaim/responding Party: CILAG GmbH International; Defendant by Counterclaim/moving Party (appellant): Celltrion Healthcare Co. Ltd.; Defendant by Counterclaim/moving Party (appellant): Celltrion Inc.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
18 November 2015
Procedural Posture
Patent Validity and Infringement (impeachment) With Bifurcated Liability/quantum Proceedings / Appeal From Prothonotary's Order on Discovery Refusals During Examinations for Discovery; Pre Trial Liability Phase
Outcome
Appeal dismissed
Legal Topics
Validity, Infringement, Scope of Discovery, Standard of Review on Interlocutory Matters, Proportionality, Production of Foreign Deposition Transcripts, Claim Construction, Commercial Success
Source Language
English
Patent Intellectual Property Civil Procedure Discovery Validity Infringement Scope of Discovery Standard of Review on Interlocutory Matters +4 more

Case Brief

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Parties

Hospira Healthcare Corporation

Plaintiff/moving Party (appellant)

The Kennedy Institute of Rheumatology

Defendant/responding Party

The Kennedy Trust for Rheumatology Research

Plaintiff by Counterclaim/responding Party

Janssen Biotech, Inc.

Plaintiff by Counterclaim/responding Party

Janssen Inc.

Plaintiff by Counterclaim/responding Party

CILAG GmbH International

Plaintiff by Counterclaim/responding Party

Celltrion Healthcare Co. Ltd.

Defendant by Counterclaim/moving Party (appellant)

Celltrion Inc.

Defendant by Counterclaim/moving Party (appellant)

Procedural Posture

Patent Validity and Infringement (impeachment) With Bifurcated Liability/quantum Proceedings / Appeal From Prothonotary's Order on Discovery Refusals During Examinations for Discovery; Pre Trial Liability Phase

Legal Issues

  1. 1 Applicable standard of review for prothonotary discretionary discovery rulings
  2. 2 Whether de novo review required for decisions vital to final issue
  3. 3 Whether prothonotary misapplied relevance/train of inquiry test

Ratio Decidendi

The appeal is dismissed because the prothonotary did not commit a reversible error: she applied established discovery principles (relevance as train of inquiry plus balancing proportionality and burden), acted within her discretion informed by case management knowledge, and reasonably refused or limited numerous discovery requests as irrelevant, duplicative, unduly onerous, seeking expert/legal opinion or resolved by other parties; foreign transcripts are not discoverable other than for impeachment; costs were fixed.

Court Disposition

Appeal dismissed

Orders

  • Motion dismissed
  • Respondents awarded costs of $6,500 in any event of the cause