Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smithkline Beecham Biologicals (S.A.) v Novartis Vaccines and Diagnostics Inc [2007] FCA 1837
Genetics Institute Inc v Kirin-Amgen Inc (1996) 34 IPR 513 cited Airsense Technology Ltd v Vision Systems Ltd (2007) 73 IPR 65 cited SMITHKLINE BEECHAM BIOLOGICAL (S.A.) v NOVARTIS VACCINES AND DIAGNOSTICS INC VID 43 OF 2007
HEEREY J
23 November 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 43 OF 2007
BETWEEN: SMITHKLINE BEECHAM BIOLOGICAL (S.A.)
Applicant
AND: NOVARTIS VACCINES AND DIAGNOSTICS INC
Respondent
JUDGE: HEEREY J
DATE: 23 NOVEMBER 2007
PLACE: MELBOURNE
THE COURT ORDERS THAT: 1. This appeal proceed on the basis of Australian Patent Application No. 709406 as amended pursuant to s 104 of the Patents Act 1990 (Cth) in accordance with the Statement of Voluntary Amendments filed by the Applicant with the Commissioner of Patents on 7 February 2007 and allowed by the Commissioner ("the Application"). 2. The respondent file and serve a Statement setting out the grounds of its opposition to the grant of a patent on the Application, by 21 December 2007 2007. 3. The applicant file and serve any affidavit material upon which it proposes to rely in support of its application for the grant of a patent on the Application, excluding material directed to the grounds of opposition specified in s 59 of the Patents Act, by 14 February 2008. 4. The respondent file and serve any affidavits upon which it proposes to rely in opposition to the grant of a patent on the Application, including any material directed to grounds of opposition specified in s 59 of the Patents Act and material in support of its Notice of Contention dated 14 February 2007, by 24 March 2008. 5. The applicant file and serve any affidavits in answer by 23 June 2008. 6. The respondent file any affidavits in reply by 23 July 2008. 7. The matter be set down for further directions on 29 July 2008. 8. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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