Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bristol-Myers Squibb Company v Apotex Pty Ltd (No 4) [2012] FCA 1433 Citation: Bristol-Myers Squibb Company v Apotex Pty Ltd (No 4) [2012] FCA 1433
Parties: BRISTOL-MYERS SQUIBB COMPANY and OTSUKA PHARMACEUTICAL CO., LTD v APOTEX PTY LTD (ACN 096 916 148)
File number: NSD 1116 of 2009
Judge: YATES J
Date of judgment: 14 December 2012
Catchwords: EVIDENCE – examples of experiments in specification of patent in suit – whether leave should be granted to rely on examples as experimental proof – where specification has been otherwise admitted into evidence
Legislation: Evidence Act 1995 (Cth) Federal Court Rules 2011
Cases cited: Lucent Technologies Inc v Krone Aktiengesellschaft (No 2) (1999) 94 FCR 124
Dates of hearing: 13, 14 December 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicants: Mr AJL Bannon SC and Ms CL Cochrane
Solicitor for the Applicants: Allens
Counsel for the Respondent: Mr DK Catterns QC and Mr NR Murray
Solicitor for the Respondent: Herbert Smith Freehills
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1116 of 2009
BETWEEN: BRISTOL-MYERS SQUIBB COMPANY
First Applicant
OTSUKA PHARMACEUTICAL CO., LTD
Second Applicant
AND: APOTEX PTY LTD (ACN 096 916 148)
Respondent
JUDGE: YATES J DATE OF ORDER: 14 DECEMBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave be granted to the applicants to rely on Reference Example 1 and Reference Example 2 in the specification of Australian Patent No. 2002334413 as experimental proof. Note: Settlement and entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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