Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Prejay Holdings Ltd v Commissioner of Patents [2002] FCA 881 PATENTS – extension of term of standard patent – claim for method of use of pharmaceutical substance – whether pharmaceutical substance per se in substance falls within the scope of the claim WORDS AND PHRASES – "fall within the scope of the claim" Patents Act 1990 (Cth) ss 70, 117 Boehringer Ingelheim International GmbH v Commissioner of Patents [2000] FCA 1918 followed Boehringer Ingelheim International GmbH v Commissioner of Patents (2001) 112 FCR 595 applied Bristol-Myers Squibb Company v FH Faulding & Co Limited (2000) 97 FCR 524 at [86] discussed Rescare Ltd v Anaesthetic Supplies Pty Ltd (1992) 25 IPR 119 at 154 mentioned Anaesthetic Supplies Pty Ltd v Rescare Ltd (1994) 50 FCR 1 at 24 mentioned Distiller Co Ltd's Application (1953) 70 RPC 221 at 223 mentioned Lahore, Patents, Designs and Trade Marks Law at [18,285] mentioned PREJAY HOLDINGS LTD and WOCO INVESTMENTS LTD v THE COMMISSIONER OF PATENTS NO V 365 OF 2001 HEEREY J 16 JULY 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 365 OF 2001
BETWEEN: PREJAY HOLDINGS LTD and WOCO INVESTMENTS LTD
APPLICANTS
AND: THE COMMISSIONER OF PATENTS
RESPONDENT
JUDGE: HEEREY J
DATE OF ORDER: 16 JULY 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application is dismissed.
2. The applicants pay the respondent's costs to be taxed, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 365 OF 2001
BETWEEN: PREJAY HOLDINGS LTD and WOCO INVESTMENTS LTD
APPLICANTS
AND: THE COMMISSIONER OF PATENTS
RESPONDENT
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