Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited (No 2) [2018] FCAFC 100 Appeal from: GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Apotex Pty Ltd [2016] FCA 608
File numbers: VID 933 of 2016 VID 934 of 2016
Judges: MIDDLETON, NICHOLAS AND BURLEY JJ
Date of judgment: 27 June 2018
Catchwords: COSTS – costs following the event – responding party successful on infringement claim and other party successful on cross-claim upholding validity of patent – incidence of costs – whether to consider claim and cross-claim globally – whether the relevant event is the successful defence of infringement claim – percentage reduction inappropriate
Cases cited: Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (No 3) [2014] FCAFC 126 Damorgold Pty Ltd v Blindware Pty Ltd (No 2) [2018] FCA 364 GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited [2018] FCAFC 71 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27 PAC Mining Pty Ltd v Esco Corporation (No 2) [2009] FCAFC 52 Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158 Tramanco Pty Ltd v BPW Transpec Pty Ltd (No 2) [2014] FCAFC 58
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