Eli Lilly & Company v Pfizer Ireland Pharmaceuticals (No 3) [2004] FCA 1085

FEDERAL COURT OF AUSTRALIA Eli Lilly & Company v Pfizer Ireland Pharmaceuticals (No 3) [2004] FCA 1085

INTELLECTUAL PROPERTY – patents – application to rely on experiments conducted in the United States as experimental proof – whether applicants concealed experimental evidence – whether respondents would be prejudiced if experiments could be relied on

Federal Court Rules, O 58 r 31 ELI LILLY & COMPANY & ORS V PFIZER IRELAND PHARMACEUTICALS & ANOR V604 OF 2002 HEEREY J 16 AUGUST 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V604 OF 2002

BETWEEN: ELI LILLY & COMPANY

FIRST APPLICANT/FIRST CROSS-RESPONDENT

ELI LILLY AUSTRALIA PTY LTD

ACN 000 233 992

SECOND APPLICANT/SECOND CROSS-RESPONDENT

ELI LILLY & COMPANY LIMITED

THIRD APPLICANT/THIRD CROSS-RESPONDENT

AND: PFIZER IRELAND AND PHARMACEUTICALS

FIRST RESPONDENT/FIRST CROSS-CLAIMANT

PFIZER PTY LIMITED ACN 008 422 348

SECOND RESPONDENT/SECOND CROSS-CLAIMANT

JUDGE: HEEREY J

DATE OF ORDER: 16 AUGUST 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Leave be granted to the applicants/cross-respondents to rely on affidavits in admissible form substantially in accordance with the declarations of Dr Vincent Florio and Dr Philip Iverson annexed to the notice of motion dated 10 August 2004 as evidence derived from experimental proof of a matter as evidence in this proceeding. 2. The applicants/cross-respondents pay the applicants costs of the motion. 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 V604 OF 2002

BETWEEN: ELI LILLY & COMPANY