Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Viskase Corporation v Cryovac Inc [2000] FCA 1695
PRACTICE AND PROCEDURE – pre-action discovery – patents – claimed reasonable grounds for belief in invalidity of patent – obviousness and want of novelty – based on public prior art – application for order for discovery of research and development documents and other papers – formulaic opinion evidence – no reasonable grounds for belief – discretion – relevant considerations in patent litigation
Federal Court Rules O15A Patents Act 1990 s 18, s 138 Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 cited Airservices Australia v Transfield Pty Ltd (1999) 92 FCR 200 cited Hooper v Kirella Pty Ltd (1999) 96 FCR 1 cited Paxus Services Ltd v People Bank Ltd (1990) 99 ALR 728 cited Hodder & Associates Pty Ltd v National Mutual Trustees Ltd [1999] FCA 708 cited Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd (24 May 1996, Lindgren J, unreported) cited Glowatzky v Insultech Group Pty Ltd (1997) 39 IPR 215 cited The Wellcome Foundation Ltd v VR Laboratories (Aust) Pty Ltd (1981) 148 CLR 262 cited F Hoffmann-La Roche AG v Chiron Corporation (2000) 171 ALR 295 cited
Bray, Law of Discovery and Digest (1885), Legal Book Pty Ltd (1985) p 611 Branson, Pre-Action, Subsequent and Third Party Discovery in Zariski (ed) Evidence and Procedure in a Federation, LBC (1993) pp 108-110 VISKASE CORPORATION v CRYOVAC INC W86 of 2000 FRENCH J 22 NOVEMBER 2000 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W86 OF 2000
BETWEEN: VISKASE CORPORATION
APPLICANT
AND: CRYOVAC INC
RESPONDENT
JUDGE: FRENCH
DATE OF ORDER: 22 NOVEMBER 2000
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The Applicant is to pay the Respondent's costs of the application.
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