UCP Gen Pharma AG v Mesoblast, Inc (No 2 ) [2012] FCA 500

FEDERAL COURT OF AUSTRALIA

UCP Gen Pharma AG v Mesoblast, Inc (No 2 ) [2012] FCA 500 Citation: UCP Gen Pharma AG v Mesoblast, Inc (No 2 ) [2012] FCA 500

Parties: UCP GEN PHARMA AG v MESOBLAST, INC

File number: VID 597 of 2010

Judge: JESSUP J

Date of judgment: 16 May 2012

Catchwords: PRACTICE AND PROCEDURE – Appeal from Registrar of Trade Marks successful – Basis of success lay in facts which post-dated hearing before delegate of Registrar – Whether party successful in court should have its costs of proceeding before delegate.

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Trade Marks Act 1995 (Cth) s 197

Date of hearing: Heard on the papers

Date of last submissions: 17 April 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 9

Counsel for the Applicant: Ms S Ryan

Solicitor for the Applicant: Davies Collison Cave Law

Solicitor for the Respondent: Mr C Round for Middletons

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 597 of 2010

BETWEEN: UCP GEN PHARMA AG

Applicant

AND: MESOBLAST, INC

Respondent

JUDGE: JESSUP J DATE OF ORDER: 16 MAY 2012 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant's application for costs with respect to the proceeding before the delegate of the Registrar of Trade Marks be dismissed. 2. The moneys paid into court by the applicant in compliance with the orders made in this proceeding on 1 September 2011, together with any accrued interest, be released to the applicant. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.