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On March 30, 2020, Kennedy and Janssen applied to the Supreme Court of Canada for leave to appeal a Federal Court of Appeal decision relating to Kennedy's patent covering uses of REMICADE...
UPDATE: On January 8, 2021, the Supreme Court
of Canada dismissed Janssen's application for leave to appeal
(Docket No. 39099) (see article
here).
On March 30, 2020, Kennedy and Janssen applied to the Supreme
Court of Canada for leave to appeal a Federal Court of Appeal
decision relating to Kennedy's patent covering uses of
REMICADE (infliximab) and
Hospira's biosimilar, INFLECTRA: SCC Docket No. 39099. As
previously reported, the Federal Court of Appeal overturned
certain findings of infringement (relating to certain dependent
claims and separately, Celltrion) and remanded the issues of
obviousness and anticipation to the trial judge for
reconsideration: Hospira Healthcare Corporation v Kennedy Trust
for Rheumatology Research, 2020 FCA 30.
Originally published 30 April, 2020
The preceding is intended as a timely update on Canadian
intellectual property and technology law. The content is
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