Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Merck Sharp & Dohme Corp. v Ono Pharmaceutical Co., Ltd [2016] FCA 1015 File number: NSD 954 of 2014
Judge: YATES J
Date of judgment: 24 August 2016
Catchwords: PRACTICE AND PROCEDURE – patent proceedings – infringement and validity in issue – leave granted to rely on experimental proof – experiments conducted overseas in the absence of the opposing party – experiments extending beyond the facts sought to be proved – discovery of documents relating experiments – whether the documents sought will facilitate the just resolution of the proceeding PRACTICE AND PROCEDURE – whether, in light of admission made, experimental proof should be rejected in advance of the hearing
Legislation: Federal Court Rules 2011 rr 20.11. 34.50
Date of hearing: 11 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 119
Counsel for the Applicants/ Cross-Respondents: Ms K Howard SC with Mr T Cordiner
Solicitor for the Applicants/ Cross-Respondents : Corrs Chambers Westgarth
Counsel for the Respondents/ Cross-Claimants: Mr BN Caine QC with Ms CL Cochrane
Solicitor for the Respondents/ Cross-Claimants: MinterEllison
ORDERS NSD 954 of 2014
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