D.G. Searle & Co v Drug Houses of Australia Pty Ltd [1984] FCA 122

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CATCHWORDS

Patents ~ petition for extension of term under s.90 - application for leave to file caveat out of time - discretion under Victorian Supreme Court (Industrial Property) Rules

1981 - competency of appeal - prescribed court exercisina Federal jurisdiction ~- practice and procedure of prescribed courts.

Patents Acts 1952 ss.90, 91, 92, 146, 148 Patents Regulations reg.37 Supreme Court (Industrial Property) Rules 1981 (Vic.) 6.5 r.1

G. D. SEARLE & CO. v. DRUG HOUSES OF AUSTRALIA PTY. LTD.

V. No. G.298 of 1983

Northrop, Sheppard and Neaves JJ. . 14 May 1984

Melbourne.

r

VICTORIA DISTRICT REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA

V. No. G.298 of 1983

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF VICTORIA

BETWEEN: G. D. SEARLE & CO. Appellant (Respondent) and DRUG HOUSES OF AUSTRALIA PTY. LTD. Respondent (Applicant) CORAM: Northrop, Sheppard and Neaves JJ. DATE: 14 May 1984 PLACE: Melbourne ~ ™ ORDER

THE COURT ORDERS THAT:

1. The motion of Drug Houses of Australia Pty. Ltd. dated 8

March 1984 be refused.

2. The appeal against the order of the Supreme Court of

Victoria made on 6 December 1983 be dismissed.

3. The appellant pay 90% of the respondent's costs of the

motion and the appeal.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V. No. G.298 of 1983

ee es we

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF VICTORIA

BETWEEN : G. D. SEARLE & CO. Appellant (Respondent) and DRUG HOUSES OF AUSTRALIA PTY. LTD. Respondent (Applicant) CORAM: Northrop, Sheppard and Neaves Jd. DATE: 14 May 1984 PLACE: Melbourne NORTHROP J. REASONS FOR JUDGMENT

G. D. Searle & Cc. ("Searle") of Chicago, Illinois

in the United States of America, is a corporation organised and existing under the laws of the State of Delaware in the United States of America. Searle has appealed against an order of the Supreme Court of Victoria made on 6 December 1983 allowing Drug Houses of Australia Pty. Ltd. ("Drug