Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pfizer Corp v Commissioner of Patents [2006] FCA 164
PRACTICE AND PROCEDURE – joinder of parties / party to be joined – appeal from decision of Commissioner to rectify Register of patents – party to be joined has no present cause of action – proceedings by party seeking to be joined for rectification in the event that the appeal is successful – no prejudice to applicant – application for joinder supported by Commissioner – matters of law can adequately be dealt with by Commissioner – matters of fact not able to be challenged by Commissioner and can be addressed by party seeking to be joined
Patents Act 1990 (Cth) ss 70, 75, 192, Federal Court Rules O 6 rr 2, 8, 17 Patent Regulations 1991 (Cth) Reg 10.7
Bishop, R v Bridgelands Securities Ltd (1990) 25 FCR 311 H Lundbeck A/S v Commissioner of Patents [2005] FCA 1718 Merck & Co Inc v Arrow Pharmaceuticals Limited [2002] APO 13 (17 April 2002) Merck & Co Inc v Sankyo Co Ltd (1992) 23 IPR 415 News Limited v Australian Rugby Football League Limited (1996) 64 FCR 410 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 Wellness Pty Ltd v Pro Bio Living Waters Pty Ltd [2003] FCA 1048 PFIZER CORP v COMMISSIONER OF PATENTS NSD 1955 OF 2005 BENNETT J 1 MARCH 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1955 OF 2005
ON APPEAL FROM THE COMMISSIONER OF PATENTS
BETWEEN: PFIZER CORP
FIRST APPLICANT
PFIZER LTD
SECOND APPLICANT
PFIZER INC
THIRD APPLICANT
PFIZER RESEARCH & DEVELOPMENT COMPANY N.V/SA
FOURTH APPLICANT
AND: COMMISSIONER OF PATENTS
RESPONDENT JUDGE: BENNETT J
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