Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 5) [2012] FCA 112 Citation: Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 5) [2012] FCA 112
Parties: SANOFI-AVENTIS AUSTRALIA PTY LTD ACN 008 558 807, SANOFI-AVENTIS DEUTSCHLAND GMBH and AVENTIS UB II INCORPORATED v APOTEX PTY LTD ACN 096 916 148
File number(s): NSD 1664 of 2008
Judge: JAGOT J
Date of judgment: 24 February 2012
Catchwords: COSTS – indemnity costs after 25 January 2011 – where Calderbank offer made by applicants – offer rejected by respondents – whether offer reasonable – whether applicants should pay respondent's costs for the period since publication of the principal judgment on 29 July 2011 - where respondent had succeeded on disputed question of law - whether the applicants should pay the respondent's costs of the motion to amend the patent
Cases cited: Calderbank v Calderbank [1976] Fam 93; [1975] 3 All ER 333 Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 3) (2011) 92 IPR 320; [2011] FCA 846 Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 4) [2011] FCA 1307
Date of hearing: 16 February 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 10
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