Wake Forest University Health Sciences v Smith & Nephew Pty Ltd ACN 000 087 507 [2009] FCA 630

FEDERAL COURT OF AUSTRALIA

Wake Forest University Health Sciences v Smith & Nephew Pty Ltd ACN 000 087 507 [2009] FCA 630

WAKE FOREST UNIVERSITY HEALTH SCIENCES and KCI MEDICAL AUSTRALIA PTY LTD ACN 056 073 468 v SMITH & NEPHEW PTY LTD ACN 000 087 507

VID 143 of 2009

RYAN J

15 JUNE 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 143 of 2009

BETWEEN: WAKE FOREST UNIVERSITY HEALTH SCIENCES

First Applicant

KCI MEDICAL AUSTRALIA PTY LTD ACN 056 073 468

Second Applicant

AND: SMITH & NEPHEW PTY LTD ACN 000 087 507

Respondent

JUDGE: RYAN J

DATE OF ORDER: 15 JUNE 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The respondent have leave to file and read the affidavit of Ms Judy Helen Haviland sworn 29 May 2009, served upon the applicants on 29 May 2009, for the purpose of evidence in respect of the applicants' application for an interlocutory injunction. 2. The applicants have leave to file and read the affidavit of Peter Denis Hickey sworn 10 June 2009, served upon the respondent on 10 June 2009, for the purpose of evidence in respect of the applicants' application for an interlocutory injunction. 3. Upon the applicants by their Counsel giving the usual undertaking as to damages, the respondent be restrained until the hearing and determination of the action herein or further order from selling or disposing of the respondent's Negative Pressure Wound Therapy Foam Dressing Kits (including the respondent's "Renasys F" foam dressing kits) (hereinafter collectively called "the foam dressing kits") PROVIDED HOWEVER that nothing in this order shall prevent the respondent from supplying the foam dressing kits free of charge to a purchaser or prospective purchaser of Negative Pressure Wound Therapy Systems solely for the purpose of enabling such purchaser or prospective purchaser to evaluate the foam dressing kits as part of a tender process or otherwise for determining the suitability of the foam dressing kits for use by such purchaser or prospective purchaser. 4. The respondent file and serve its defence by 19 June 2009 and its cross-claim by 3 July 2009. 5. The applicants file and serve their defence to the respondent's cross-claim by 24 July 2009. 6. Subject to any further or other direction by the docket Judge there be a speedy trial herein and a directions hearing be held on a date as soon as practicable after 24 July 2009 such date to be fixed by the docket Judge. 7. Any party have liberty to apply on not less than 48 hours' notice in writing to the other parties. 8. The costs of all parties of and incidental to the application for interlocutory relief be costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA