Janssen Inc. v AbbVie Corporation, 2014 FCA 242
Justice Trudel; Justice Webb; Justice Boivin - 2014-10-28
Read full decision. Summary prepared by Alan Macek:
On appeals from decisions of Justice Hughes in 2014 FC 55, 2014 FC 489 and 2013 FC 1148, the Court granted Janssen's appeal to amend Schedule A to its Defence and Counterclaim so as to remove and add other prior art references. As a result, the trial decision (2014 FC 55) was set aside and the matter was remitted back to the Federal Court for a new trial before another judge. The Federal Court of Appeal held that the judge did not give sufficient weight to all relevant considerations when considering the amendment sought and it would have served the interests of justice that all the relevant prior art be before the Judge. Further the Court held that since it was clear that the Judge's finding of infringement was contingent on his finding of validity and the finding of validity must be set aside, the finding of infringement must also be set aside, requiring a new trial.
Decision relates to:
- A-270-14 - JANSSEN INC. v. ABBVIE CORPORATION, ET AL. which is an appeal from 2014 FC 489 in T-1310-09
- A-380-13 - JANSSEN INC. v. ABBVIE CORPORATION ET AL which is an appeal from 2013 FC 1148 in T-1310-09
- A-95-14 - JANSSEN INC. v. ABBVIE CORPORATION ET AL which is an appeal from 2014 FC 55 in T-1310-09