Canada’s Intellectual Property Firm

Janssen seeks leave from Supreme Court of Canada re: INFLECTRA biosimilar decision

Authored byKatie Lee

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.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.