Genetics Institute Inc v Kirin-Amgen, Inc [1999] FCA 9

FEDERAL COURT OF AUSTRALIA

Genetics Institute, Inc v Kirin-Amgen, Inc [1999] FCA 9

PRACTICE & PROCEDURE – whether application for leave to appeal under s 158(2) of the Patents Act 1990 (Cth) should be listed so as to allow the Court to determine any appeal without further argument

Federal Court of Australia Act 1976 (Cth) subs 25(2) Patents Act 1990 (Cth) subs 158(2)

Nettlefold Advertising Pty Ltd v Nettlefold Signs Pty Ltd (unreported, 24 July 1998, Black CJ)

GENETICS INSTITUTE, INC v KIRIN-AMGEN, INC VG 404 OF 1998 JUDGE: BLACK CJ DATE: 6 JANUARY 1999 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY VG 404 OF 1998

JUDGE: BLACK CJ DATE OF ORDER: 6 JANUARY 1999 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for leave to appeal be listed for hearing before a Full Court at Melbourne on 23 February 1999. 2. Written submissions of not more than 10 pages concerning the principles to be applied by the Full Court in determining whether leave to appeal should be granted be filed and served by the respondent not later than 22 January 1999. 3. Written submissions of not more than 40 pages answering the respondent's submissions, and in support of the application for leave to appeal, be filed and served by the applicant not later than 10 February 1999. 4. Written submissions of not more than 40 pages in answer to the applicant's submissions be filed and served by the respondent not later than 19 February 1999. 5. The costs of the directions hearing be reserved.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY VG 404 OF 1998

BETWEEN: GENETICS INSTITUTE, INC

APPLICANT AND: KIRIN-AMGEN, INC

RESPONDENT