Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
F.Hoffman-La Roche AG v Commissioner of Patents [2000] FCA 1845 PATENTS – patent application – claims in relation to a purified thermostable DNA polymerase – appeal from decision of a delegate of the Commissioner of Patents – application pursuant to Patent Regulations 1991 (Cth), reg 6.2(1)(b) for orders postponing grant of patent until application to Commissioner for leave to amend patent application determined – whether in public interest for any amendment that may affect the validity of a patent to be made prior to grant Patents Act 1990 (Cth) ss 60, 61, 104, 105 & 138 Patent Regulations 1991 (Cth) regs 5.3 & 6.2 F.Hoffman-La Roche AG v New England Biolabs Inc [2000] FCA 283 cited Genetics Institute Inc v Kirin-Amgen Inc (1996) 67 FCR 527 referred to ON APPEAL FROM THE COMMISSIONER OF PATENTS F. HOFFMAN-LA ROCHE AG v COMMISSIONER OF PATENTS & ANOR
NG 947 OF 1997 EMMETT J 15 NOVEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 947 OF 2000
ON APPEAL FROM THE COMMISSIONER OF PATENTS
BETWEEN: F.HOFFMAN-LA ROCHE AG
APPLICANT
AND: COMMISSIONER OF PATENTS
FIRST RESPONDENT
NEW ENGLAND BIOLABS INC
SECOND RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 15 NOVEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The proceeding be stood over for directions Friday 9 March 2001 at 9.30 am. 2. The notice of motion filed 30 October 2000 be stood over for directions on Friday, 9 March 2001 at 9.30 am. 2. Costs of the motion to date 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
NEW SOUTH WALES DISTRICT REGISTRY N 947 OF 2000
ON APPEAL FROM THE COMMISSIONER OF PATENTS
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