Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bristol-Myers Squibb Company v Apotex Pty Ltd (No 6) [2013] FCA 1235 Citation: Bristol-Myers Squibb Company v Apotex Pty Ltd (No 6) [2013] FCA 1235
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: 22 November 2013
Catchwords: PRACTICE AND PROCEDURE – appropriate form of orders – whether first applicant should be released from undertaking as to damages COSTS – effect of finding that first applicant had no standing to sue for infringement
Cases cited: Bristol-Myers Squibb Co and Another v Apotex Pty Ltd (2010) 87 IPR 516 Bristol-Myers Squibb Company v Apotex Pty Ltd (No 2) [2010] FCA 901 Bristol-Myers Squibb Company v Apotex Pty Ltd (No 5) [2013] FCA 1114 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 3) [2011] FCAFC 165
Date of hearing: Determined on the papers
Date of last submissions: 13 November 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 12
Solicitor for the Applicants: Allens
Counsel for the Respondent: Mr DK Catterns QC with 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
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