Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AstraZeneca AB v Alphapharm Pty Ltd [2014] FCA 9 Citation: AstraZeneca AB v Alphapharm Pty Ltd [2014] FCA 9
Parties: ASTRAZENECA AB and ASTRAZENECA PTY LTD (ACN 009 682 311) v ALPHAPHARM PTY LTD
File number: VID 1107 of 2013
Judge: BESANKO J
Date of judgment: 23 January 2014
Catchwords: PRACTICE AND PROCEDURE – discovery – application for pre-action discovery pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) – application for discovery and inspection of documents and delivery samples – potential action for threatened infringement of patent – meaning of "sufficient information to decide whether to start a proceeding in the Court to obtain that relief" – comparison with O 15A, r 6(b) of the Federal Court Rules 1979 (Cth). Held: The Amended Originating Application be adjourned to a date to be fixed for the making of an order or orders on the application consistent with these reasons.
Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 1979 (Cth) O 15A, r 6(b) Federal Court Rules 2011 (Cth) r 7.23 Patents Act 1990 (Cth)
Cases cited: Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2007] FCA 1348 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd and Others [2008] FCAFC 133; (2008) 169 FCR 435 Reeve v Aqualast Pty Ltd [2012] FCA 679
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