Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
F. Hoffman-La Roche AG v New England Biolabs Inc [1999] FCA 1424 PATENTS – application for appointment of independent assessor under s217 Patents Act 1990 – discussion of function of assessor – procedure to be adopted for approaching prospective assessors - whether Court should order applicant for patent to produce statement of invention – whether applicant for patent should only have to rely on specification itself as disclosing invention Patents Act 1990 (Cth), s 217, s 40 Genetic Institute Inc v Kirin-Amgen Inc (No.2) (1997) 78 FCR 368, referred to Genetics Institute Inc v Kirin-Amgen Inc (No.3) (1998) 156 ALR 30, referred to
F. HOFFMAN-LA ROCHE AG v NEW ENGLAND BIOLABS, INC NG947 OF 1997 NEW ENGLAND BIOLABS, INC v F. HOFFMAN-LA ROCHE NG1035 OF 1997 EMMETT J 13 OCTOBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 947 OF 1997
BETWEEN: F. HOFFMAN-LA ROCHE AG
Applicant
AND: NEW ENGLAND BIOLABS, INC
Respondent
NG 1035 OF 1997 BETWEEN: NEW ENGLAND BIOLABS, INC
Applicant
AND: F. HOFFMAN-LA ROCHE AG
Respondent
JUDGE: EMMETT J
DATE OF ORDER: 13 OCTOBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. New England Biolabs, Inc furnish to F. Hoffman-La Roche AG within 14 days a list of independent persons suggested as being qualified to act as an assessor pursuant to section 217 Patents Act 1990.
2. F. Hoffman-La Roche AG within 14 days of receipt of the list indicate whether any of the independent persons are acceptable, and if not, furnish an alternative list.
3. If there is no agreement as to the identity of the person to be approached, there be liberty to apply to restore the matter to the list.
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