Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Apotex Pty Ltd v Cipla Limited (No 2) [2018] FCA 1393 File number: VID 1229 of 2017
Judge: BEACH J
Date of judgment: 3 August 2018
Date of publication of reasons: 11 September 2018
Catchwords: PRACTICE AND PROCEDURE – discovery – patents – pharmaceutical products and formulations for nasal and ocular use – antihistamines, particularly azelastine – corticosteroids, particularly fluticasone – combination of azelastine and steroids – grounds of invalidity – lack of inventive step – related US proceedings – depositions – transcripts of trial evidence – trial exhibits – false suggestion – material of secondary significance – indirect relevance – proportionality
Legislation: Patents Act 1990 (Cth) ss 18(1)(b)(ii) and 138(3)(d)
Cases cited: Apotex Pty Ltd v Cipla Limited [2017] FCA 1627 BlueScope Steel Limited v Dongkuk Steel Mill Co., Ltd [2017] FCA 1537
Date of hearing: 3 August 2018
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 45
Counsel for the Applicant / First Cross-Respondent: Mr N Murray and Mr M Fleming
Solicitor for the Applicant / First Cross-Respondent: Ashurst
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