Kennedy Trust for Rheumatology Research v. Hospira Healthcare Corporation

Kennedy Trust for Rheumatology Research v. Hospira Healthcare Corporation

Because the related judgment in A-338-18 was set aside by this Court, the Federal Court judgment dated September 28, 2018 and the consequential costs order of October 23, 2018 as amended must also be set aside; accordingly the appeal in A-354-18 is allowed and the appeal in A-360-18 is dismissed as moot.

Source-derived case information.

Citation
2020 FCA 31
Parties
Appellant: Hospira Healthcare Corporation; Respondent: The Kennedy Trust for Rheumatology Research; Respondent (plaintiff by Counterclaim): Celltrion Healthcare Co. Ltd.; Respondent (plaintiff by Counterclaim): Celltrion, Inc.; Respondent (plaintiff by Counterclaim): Pfizer Canada Inc.; Appellant (defendant by Counterclaim): Janssen Biotech, Inc.; Appellant (defendant by Counterclaim): Janssen Inc.; Appellant (defendant by Counterclaim): CILAG GmbH International; Appellant (defendant by Counterclaim): CILAG AG
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
30 January 2020
Procedural Posture
Appeal / Decision on Appeal and Disposition of Costs Orders
Outcome
Appeal A-354-18 allowed; appeal A-360-18 dismissed as moot; Federal Court judgment dated September 28, 2018 (2018 FC 259) and Federal Court costs order of October 23, 2018 as amended January 21, 2019 set aside.
Legal Topics
Patent Litigation, Costs, Judgment Set Aside, Mootness
Source Language
en
Intellectual Property Civil Procedure Patent Litigation Costs Judgment Set Aside Mootness

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Parties

Hospira Healthcare Corporation

Appellant

The Kennedy Trust for Rheumatology Research

Respondent

Celltrion Healthcare Co. Ltd.

Respondent (plaintiff by Counterclaim)

Celltrion, Inc.

Respondent (plaintiff by Counterclaim)

Pfizer Canada Inc.

Respondent (plaintiff by Counterclaim)

Janssen Biotech, Inc.

Appellant (defendant by Counterclaim)

Janssen Inc.

Appellant (defendant by Counterclaim)

CILAG GmbH International

Appellant (defendant by Counterclaim)

CILAG AG

Appellant (defendant by Counterclaim)

Procedural Posture

Appeal / Decision on Appeal and Disposition of Costs Orders

Legal Issues

  1. 1 Whether the Federal Court judgment dated September 28, 2018 (2018 FC 259) should be set aside
  2. 2 Whether the Federal Court’s costs order of October 23, 2018 as amended January 21, 2019 fixing costs at $3,481,778.54 must be set aside
  3. 3 Whether the appeal in file A-360-18 is moot following the setting aside of the related judgment

Ratio Decidendi

Because the related judgment in A-338-18 was set aside by this Court, the Federal Court judgment dated September 28, 2018 and the consequential costs order of October 23, 2018 as amended must also be set aside; accordingly the appeal in A-354-18 is allowed and the appeal in A-360-18 is dismissed as moot.

Court Disposition

Appeal A-354-18 allowed; appeal A-360-18 dismissed as moot; Federal Court judgment dated September 28, 2018 (2018 FC 259) and Federal Court costs order of October 23, 2018 as amended January 21, 2019 set aside.

Orders

  • Set aside Federal Court judgment dated September 28, 2018 (2018 FC 259)
  • Set aside Federal Court Order dated October 23, 2018 as amended January 21, 2019 fixing costs at $3,481,778.54