Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 3) [2011] FCAFC 165

FEDERAL COURT OF AUSTRALIA

Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 3) [2011] FCAFC 165 Citation: Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 3) [2011] FCAFC 165

Appeal from: Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2010] FCA 1211

Parties: SIGMA PHARMACEUTICALS (AUSTRALIA) PTY LIMITED ACN 004 118 594 v WYETH AND WYETH AUSTRALIA PTY LIMITED ACN 000 296 211 ALPHAPHARM PTY LIMITED ACN 002 359 739 v WYETH AND WYETH AUSTRALIA PTY LIMITED ACN 000 296 211 GENERIC HEALTH PTY LTD ACN 110 617 859 v WYETH AND WYETH AUSTRALIA PTY LIMITED ACN 000 296 211

File numbers: NSD 1533 of 2010 NSD 1603 of 2010 NSD 1644 of 2010

Judges: BENNETT, NICHOLAS AND YATES JJ

Date of judgment: 21 December 2011

Catchwords: PRACTICE AND PROCEDURE – where interlocutory injunctions granted until trial of proceeding or further order – where permanent injunctions granted – where parties who obtained interlocutory injunctions released from their usual undertakings as to damages – not appropriate to grant such releases – usual undertakings as to damages should have been left in place so that they might operate in accordance with their terms – where orders granting permanent injunctions set aside on appeal – orders of primary judge releasing parties who obtained interlocutory injunctions from usual undertakings as to damages set aside PRACTICE AND PROCEDURE – application for a stay of orders revoking claims of patent – where various undertakings including undertakings as to damages proffered by parties seeking stay – whether party seeking stay of order revoking claims of patent required to give undertaking as to damages – not usual to require such an undertaking – stay granted