Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd (No 2) [2018] FCA 1630 File number(s): NSD 1502 of 2018
Judge(s): BURLEY J
Date of judgment: 24 October 2018
Catchwords: PRACTICE AND PROCEDURE – patents – application to set aside a notice to produce – whether the documents sought are "mentioned" in an affidavit – whether the documents sought are relevant – notice to produce set aside
Legislation: Federal Court Rules 2011 (Cth), rr 20.31
Cases cited: Apotex Pty Ltd v ICOS Corporation (No 2) [2017] FCA 589 Oztech Pty Ltd v Public Trustee of Queensland (No 10) [2016] FCA 970 Seven Network v News Limited (No 11) [2006] FCA 174
Date of hearing: 24 October 2018
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicants: Mr C Dimitriadis SC
Solicitor for the Applicants: Jones Day
Counsel for the Respondent: Mr T Cordiner QC
Solicitor for the Respondent: MinterEllison
ORDERS NSD 1502 of 2018
BETWEEN: SANOFI-AVENTIS DEUTSCHLAND GMBH First Applicant
SANOFI-AVENTIS PTY LTD Second Applicant
AND: ALPHAPHARM PTY LTD Respondent
JUDGE: BURLEY J DATE OF ORDER: 24 October 2018
THE COURT ORDERS THAT:
1. The Notice to Produce dated 4 October 2018 be set aside. 2. The respondent pay the applicants' costs of this interlocutory application from 23 October 2018 onwards on a party/party basis, to be taxed unless otherwise agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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