Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft [No 2] [2018] FCAFC 210 Appeal from: Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2017] FCA 250; 124 IPR 23 Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2017] FCA 428
File number: NSD 717 of 2017
Judges: ALLSOP CJ, YATES AND BEACH JJ
Date of judgment: 27 November 2018
Catchwords: COSTS – costs of the appeal
Date of last submissions: 7 November 2018
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 8
Counsel for the Appellants: I Jackman SC with A Fox and D Larish
Solicitor for the Appellants: Bird & Bird
Counsel for the Respondents: D Shavin QC with H Rofe QC
Solicitor for the Respondents: Davies Collison Cave Law
ORDERS NSD 717 of 2017
BETWEEN: GENERIC HEALTH PTY LTD (ACN 110 617 859) First Appellant
LUPIN AUSTRALIA PTY LTD (ACN 112 038 105) Second Appellant
AND: BAYER PHARMA AKTIENGESELLSCHAFT First Respondent
BAYER AUSTRALIA LIMITED (ACN 000 138 714) Second Respondent
JUDGES: ALLSOP CJ, YATES AND BEACH JJ DATE OF ORDER: 27 NOVEMBER 2018
THE COURT ORDERS THAT:
1. The appeal be allowed in part. 2. In Order 1 of the orders of the Court made on 4 April 2017: (a) the sum of $25,437,966 be replaced by $24,929,207; and (b) the sums of $5,923,735 and $5,300 be replaced respectively by $5,805,260 and $5,194. 3. The Respondents pay to the Appellants the amount of $634,653 by way of reimbursement for the amount overpaid to the Respondents by the Appellants pursuant to Order 1 of the orders made by the Court on 4 April 2017. 4. The Respondents pay the Appellants the sum of $49,972 by way of interest on the amount referred to in Order 3 above up to 31 October 2018 (and a further $130 per day thereafter). 5. The Appellants pay 40% of the Respondents' costs of the appeal as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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