Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2021 FC 42 (Infliximab*)
Justice Phelan - 2021-01-12
Read full decision. Automatically generated summary:
These are the reasons flowing from the Court of Appeal’s instruction to reconsider two issues and three specific documents “in light of” the Court of Appeal’s reasons in Hospira Healthcare Corporation v Kennedy Trust for Rheumatology Research, 2020 FCA 30 at para 116. ... The context in which these issues arose include the exclusion of the “special advantage, and the finding of a specific result or test as an essential element”. They are driven by the finding that certain documents ('94 Kennedy, Higgins) were wrongly excluded from consideration because the test for prior art is not whether the art was reasonably discoverable, as had been the understanding in multiple Federal Court decisions, but whether the art existed at the relevant time. The FCA also held that the failure to consider the FDA Workshop was in error because despite the nature of the attendees (principally highly expert rheumatologists), a POSITA would be in attendance.
Decision relates to:
- T-396-13 - HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY INSTITUTE OF RHEUMATOLOGY