Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Apotex Pty Ltd v AstraZeneca AB [2011] FCA 1520 Citation: Apotex Pty Ltd v AstraZeneca AB [2011] FCA 1520
Parties: APOTEX PTY LTD v ASTRAZENECA AB and ASTRAZENECA PTY LTD
File number: NSD 673 of 2011
Judge: RARES J
Date of judgment: 14 December 2011
Catchwords: PATENTS – application by patentee for interlocutory injunction restraining generic manufacturer from, among other steps, selling, supplying, soliciting or advertising its generic version of drug – proceedings brought by generic manufacturer alleging invalidity of one patent – cross-claim by patentee for infringement of three patents – patentee seeking interlocutory injunction pending final hearing – whether prima facie case – balance of convenience – whether unreasonable delay by patentee in bringing interlocutory injunction application – relevance of complexity of the proceedings and merits of generic manufacturer's conduct in relation to proceedings – relevance of duty of the parties and their lawyers under Pt VB of Federal Court of Australia Act 1976 (Cth) INTERLOCUTORY INJUNCTION – duration – where respondent to application for ex parte injunction takes active role in hearing and leads evidence opposing grant – whether order should be made until further order or for a fixed period to allow a further contested interlocutory hearing as to duration of injunction Held: Application for interlocutory injunction granted until further order.
Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB Patents Act 1990 (Cth) s 117 Federal Court Rules 2011 (Cth) r 16.01(c)
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