Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Merial, Inc. v Intervet International B.V. [2016] FCA 1047 File number: VID 399 of 2015
Judge: MOSHINSKY J
Date of judgment: 30 August 2016
Catchwords: PRACTICE AND PROCEDURE – confidential documents – application for in-house counsel to have access to confidential documents – where documents to be relied on by party claiming confidentiality in evidence at trial – where in-house counsel is person giving instructions at trial – where in-house counsel not involved in competitive decision-making or product development
Legislation: Patents Act 1990 (Cth), ss 18(1)(b)(i), 18(b)(ii)
Cases cited: AstraZeneca AB v Medis Pharma Pty Ltd [2014] FCA 549 Australian Competition and Consumer Commission v Air New Zealand Limited (No 3) [2012] FCA 1430 Gram Engineering Pty Limited v BlueScope Steel Pty Limited (No 2) [2016] FCA 452 Vringo Infrastructure Inc v ZTE (Australia) Pty Ltd (No 3) [2014] FCA 983
Date of hearing: 19, 30 August 2016
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 30
Counsel for the Appellant: Mr C Dimitriadis SC with Ms C Cunliffe
Solicitor for the Appellant: Ashurst Australia
Counsel for the Respondent: Mr CH Smith
Solicitor for the Appellant: Spruson & Ferguson Lawyers
ORDERS VID 399 of 2015
BETWEEN: MERIAL, INC. Appellant
AND: INTERVET INTERNATIONAL B.V. Respondent
JUDGE: MOSHINSKY J DATE OF ORDER: 30 AUGUST 2016
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