Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Apotex Pty Ltd v Pfizer Ireland Pharmaceuticals [2014] FCA 1150 Citation: Apotex Pty Ltd v Pfizer Ireland Pharmaceuticals [2014] FCA 1150
Parties: APOTEX PTY LTD (ACN 096 916 148) v PFIZER IRELAND PHARMACEUTICALS and PFIZER AUSTRALIA PTY LTD (ACN 008 422 348); PFIZER INC
File number: NSD 1174 of 2012
Judge: BEACH J
Date of judgment: 13 October 2014
Catchwords: PRACTICE AND PROCEDURE – application under r 2.32(4) of the Federal Court Rules 2011 (Cth) – inspection of documents in separate finalised proceeding – relevance of earlier filed material – principles of open justice – prejudice to opposing party – delay in making of application – application for leave to issue subpoena seeking production of similar documents – application and leave granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 2.32(4) Patents Act 1990 (Cth) ss 40(2)-(3)
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Brown v Health Services Union (No 4) [2012] FCA 1376 Eli Lilly v Pfizer (2005) 64 IPR 506 Hogan v Australian Crime Commission (2010) 240 CLR 651 Pfizer v Eli Lilly (2005) 68 IPR 1 Pharm-a-Care Laboratories Pty Ltd v Commonwealth of Australia (No 13) [2012] FCA 370
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