Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) (No 3) [2017] FCA 871

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) (No 3) [2017] FCA 871 File number: NSD 1639 of 2007

Judge: NICHOLAS J

Date of judgment: 2 August 2017

Cases cited: Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) [2017] FCA 382

Date of hearing: 31 July 2017

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Patents and associated Statutes

Category: No catchwords

Number of paragraphs: 26

Counsel for the Applicant: Mr P Brereton SC with Mr BR Kremer and Mr PM Knowles

Solicitor for the Applicant: Corrs Chambers Westgarth

Counsel for the Respondents: Dr SN Nixon SC with Mr S Fitzpatrick

Solicitor for the Respondents: Jones Day

ORDERS NSD 1639 of 2007

BETWEEN: COMMONWEALTH OF AUSTRALIA Applicant

AND: SANOFI (FORMERLY SANOFI-AVENTIS) First Respondent

SANOFI-AVENTIS US LLC Second Respondent

BRISTOL-MYERS SQUIBB INVESTCO LLC Third Respondent

JUDGE: NICHOLAS J DATE OF ORDER: 2 August 2017

THE COURT ORDERS THAT: 1. The Commonwealth is given leave to file the following affidavits: (a) affidavit of Felicity McNeill sworn 20 June 2017; (b) affidavit of Ian Crettenden sworn 20 June 2017; (c) affidavit of Roger Millichamp sworn 20 June 2017; (d) affidavit of Gordon Fahner sworn 6 July 2017; and (e) affidavit of Rajesh Goel sworn 18 July 2017. 2. The affidavits referred to in order 1 be filed and served by 4.00pm today. 3. The costs of the interlocutory application filed 14 July 2017 be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.