Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gilead Sciences Pty Ltd v Idenix Pharmaceuticals LLC (No 2) [2016] FCA 406 File number(s): NSD 48 of 2013
Judge(s): JAGOT J
Date of judgment: 14 April 2016
Catchwords: COSTS – discrete issues of invalidity of patent – applicant successful in certain issues – proportional costs order
Legislation: Patents Act 1990 (Cth)
Cases cited: Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) (2015) ALR 192; [2015] HCA 53 Gilead Sciences Pty Ltd v Idenix Pharmaceuticals LLC [2016] FCA 169 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27
Date of hearing: 14 April 2016
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 18
Counsel for the Applicant: Mr DK Catterns QC and Mr NR Murray
Solicitor for the Applicant: Herbert Smith Freehills
Counsel for the Respondents: Mr AJL Bannon SC and Mr PW Flynn
Solicitor for the Respondents: Jones Day
ORDERS NSD 48 of 2013
BETWEEN: GILEAD SCIENCES PTY LTD (ACN 072 611 708) Applicant
AND: IDENIX PHARMACEUTICALS LLC First Respondent
UNIVERSITA DEGLI STUDI DI GAGLIARI Second Respondent
CENTRE NATIONAL DE LA RECHERCHE SCIENTIFIQUE (and another named in the Schedule) Third Respondent
AND BETWEEN: IDENIX (CAYMAN) LIMITED (and others named in the Schedule) First Cross-Claimant
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