Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Medrad Inc v Alpine Medical Pty Ltd [2009] FCA 949
PATENTS – syringes for use with medical injector systems – alleged infringement of patent – application for interlocutory injunction – alleged invalidity of patent on ground of obviousness – construction of claims – whether serious question to be tried – balance of convenience – interlocutory relief granted PRACTICE AND PROCEDURE – application for leave to further amend statement of claim and application – leave granted Therapeutic Goods Act 1989 (Cth) Patents Act 1990 (Cth) Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 referred to Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 discussed AB Hassle v Pharmacia (Australia) Pty Ltd (1995) 33 IPR 63 referred to Genrx Pty Ltd v Sanofi-Aventis (2007) 73 IPR 502 referred to Interpharma Pty Ltd v Commissioner of Patents (2008) 79 IPR 261 referred to American-Cyanamid Co v Ethicon Ltd [1975] AC 396 cited Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2009] FCA 595 cited Wake Forest University Health Sciences v Smith & Nephew Pty Ltd [2009] FCA 630 referred to Tidy Tea Ltd v Unilever Australia Ltd (1995) 32 IPR 405 referred to Pharmacia Italia SpA v Interpharma Pty Ltd (2005) 67 IPR 397 referred to MEDRAD INC and IMAXEON PTY LTD v ALPINE MEDICAL PTY LTD
VID 529 of 2009
KENNY J
25 AUGUST 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 529 of 2009
GENERAL DIVISION
BETWEEN: MEDRAD INC
First Applicant
IMAXEON PTY LTD
Second Applicant
AND: ALPINE MEDICAL PTY LTD
Respondent
JUDGE: KENNY J
DATE OF ORDER: 25 AUGUST 2009
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. A trial in the proceeding be fixed for 10.15 am on 22 February 2010, with an estimated duration of 4 days. 2. On or before 4 pm on 27 August 2009: (a) the applicants file and serve short minutes of orders in conformity with these reasons; and (b) the parties file and serve short submissions on costs. 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.
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