Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 2) [2013] FCA 554 Citation: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 2) [2013] FCA 554
Parties: OTSUKA PHARMACEUTICAL CO., LTD and BRISTOL-MYERS SQUIBB COMPANY v GENERIC HEALTH PTY LTD ACN 110 617 859
File number: NSD 121 of 2012
Judge: YATES J
Date of judgment: 7 June 2013
Catchwords: DISCOVERY – claim for infringement of patent and cross-claim for revocation of relevant claims – allegation that invention as claimed is invalid as it is not useful – discovery sought of broad category of documents to support allegation of inutility – whether allegation of inutility is speculative – whether order for discovery would facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Patents Act 1990 (Cth)
Cases cited: Hatmaker v Joseph Nathan & Co. Ltd (1919) 36 RPC 231 In the Matter of Alsop's Patent (1907) 24 RPC 733 Kraft, Kraft Cheese Company (Incorporated) and Kraft Walker Cheese Company Proprietary Ld. v McAnulty (1931) 48 RPC 536 O'Sullivan v Parkin and Others (2008) 169 FCR 283 Otsuka Pharmaceutical Co Ltd v Generic Health Pty Ltd (2012) 291 ALR 763 WA Pines Pty Ltd v Bannerman (1980) 30 ALR 559
Date of hearing: 22 May 2013
Place: Sydney
Division: GENERAL DIVISION
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