Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2013] FCA 226 Citation: Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2013] FCA 226
Parties: BAYER PHARMA AKTIENGESELLSCHAFT and BAYER AUSTRALIA LIMITED ACN 000 138 714 v GENERIC HEALTH PTY LTD ACN 110 617 859 and LUPIN AUSTRALIA PTY LTD ACN 112 038 105
File number(s): NSD 236 of 2012
Judge: JAGOT J
Date of judgment: 11 March 2013
Catchwords: EVIDENCE – experimental proof of a fact – manufacture of tablets for subsequent tests – party denied opportunity to observe – application for leave – leave refused
Legislation: Evidence Act 1995 (Cth) Federal Court Rules 2011
Cases cited: Lexmark International v Boomerang Imaging Supplies Pty Ltd (2001) 112 FCR 331; [2001] FCA 833 Mölnlycke Health Care AB v Brightwake Limited (2011) FSR 26; [2011] EWHC 140
Date of hearing: 11 March 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 29
Counsel for the First and Second Applicants: D Shavin QC with Helen Rofe
Counsel for the First and Second Respondents: A H Bowne SC with A D B Fox
Solicitor for the First and Second Applicants: Davies Collison Cave Law
Solicitor for the First and Second Respondents: K & L Gates
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