Hospira Healthcare Corporation V. The Kennedy Institute Of Rheumatology, 2020 FCA 62 (Infliximab*)
Justice Nadon; Justice Rivoalen; Justice Locke - 2020-03-16
Read full decision. Automatically generated summary:
The appellants move, pursuant to Rule 397(1) of the Federal Courts Rules for reconsideration of this Court’s judgment and reasons issued on January 30, 2020 (2020 FCA 30). They argue that the Court overlooked their argument that claims 37 and 38 of the patent in suit should not have been included in the list of claims found to be infringed by the Federal Court because they were not among the claims asserted at trial. ... In the absence of any reason other than inadvertence for this Court to have failed to note this additional flaw in the Federal Court’s decision, it is apparent that the issue concerning claims 37 and 38 was simply overlooked. This is precisely the kind of omission that Rule 397(1) is intended to address.
Decision relates to:
- A-326-16 - HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY INSTITUTE OF RHEUMATOLOGY ET A which is an appeal from a decision dated 2016-09-08 in T-396-13
- A-328-16 - HOSPIRA HEALTHCARE CORPORATION v THE KENNEDY INSTITUTE OF RHEUMATOLOGY which is an appeal from a decision dated 2016-09-08 in T-396-13
- A-329-18 - HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY TRUST FOR RHEUMATOLOGY RESESAR which is an appeal from 2018 FC 992 in T-396-13
- A-338-18 - HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARC which is an appeal from 2018 FC 259 in T-396-13