Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd [2010] FCA 601 Citation: Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd [2010] FCA 601
Parties: SANOFI-AVENTIS AUSTRALIA PTY LTD ACN 008 558 807, SANOFI-AVENTIS DEUTSCHLAND GMBH and AVENTISBUB II INCORPORATED v APOTEX PTY LTD ACN 096 916 148
File number(s): NSD 1664 of 2008
Judge: JAGOT J
Date of judgment: 8 June 2010
Legislation: Patents Act 1990 (Cth)
Cases cited: Adam P Brown Male Fashions Pty Limited v Philip Morris Incorporated (1981) 148 CLR 170 Northern Territory of Australia v Collins (2008) 235 CLR 619
Date of hearing: 8 June 2010
Date of publication of reasons: 15 June 2010
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 31
Counsel for the Applicants: Mr AJL Bannon SC and Mr AR Lang
Counsel for the Respondent: Mr N Murray
Solicitor for the Applicants: Jones Day
Solicitor for the Respondent: Freehills
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1664 of 2008
BETWEEN: SANOFI-AVENTIS AUSTRALIA PTY LTD ACN 008 558 807
First Applicant
SANOFI-AVENTIS DEUTSCHLAND GMBH
Second Applicant
AVENTISBUB II INCORPORATED
Third Applicant
AND: APOTEX PTY LTD ACN 096 916 148
Respondent
JUDGE: JAGOT J
DATE OF ORDER: 8 JUNE 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. By consent, the Orders of 30 October 2008 be varied by adding the following words to the end of Order 2 "AND PROVIDED that it will not be a breach of this Order for the respondent to reproduce, distribute or otherwise deal with a Product Information in the form of Annexure A to this Order". 2. The amended notice of motion filed on 8 June 2010 (and notice of motion filed 19 April 2010) otherwise be dismissed. 3. The respondent pay the applicant's costs in connection with the amended notice of motion filed 8 June 2010 (and notice of motion filed 19 April 2010), as agreed or as taxed. 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 Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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