Wellcome Foundation Ltd v V.R. Laboratories (Australia) Pty Ltd [1980] FCA 33

CATCHWORDS

Practice - Discovery - Convention Patent - Whether experimental

work of inventor before priority date should be discovered.

THE WELLCOME FOUNDATION LIMITED v. V. R, LABORATORIES (AUST. )

PIy. LIMITED

No. G. 78 of 1979

Coram: Bowen C.J., Franki and Deane JJ.

24 March 1980 Sydney

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. G. 78 of 1979 GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BETWEEN: THE WELLCOME FOUNDATION LIMITED

Appellant (Plaintiff)

AND : V.R. LABORATORIES (AUST. )

PTY. LIMITED

Respondent (Defendant)

Oo R DER JUDGES MAKING ORDER: Bowen C.J., Franki and Deane JJ.

DATE OF ORDER 24 March 1980.

Sydney.

WHERE MADE

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The appellant is to pay the respondent's costs of the appeal.

IN THE FEDERAL COURT OF AUSTRALIA)

)

NEW SOUTH WALES DISTRICT REGISTRY) No. G78 of 1979 )

GENERAL DIVISION )

ON APPEAL from the Supreme Court of New South Wales Equity Division

BETWEEN:

THE WELLCOME FOUNDATION LIMITED

Appellant (Plaintiff) AND: V.R. LABORATORIES (AUST.) PTY. LIMITED Respondent (Defendant)

Coram: Bowen C.J., Franki and Deane JJ.

we March 1980.

JUDGMENT

BOWEN C.J.: I agree with the reasons given and conclusions

reached by Franki J. and would dismiss the appeal with costs.

I certify that this and the nil preceding pxges are a Lrue copy of th mon t