Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2019] FCA 411

FEDERAL COURT OF AUSTRALIA

Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2019] FCA 411 File number: NSD 182 of 2019

Judge: YATES J

Date of judgment: 25 March 2019

Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce – whether notice to produce is oppressive – whether documents sought are adjectivally relevant to the proceeding – whether categories of documents sought are unduly broad, ambiguous or imprecise – whether appellants' claim of privilege relevant – application dismissed

Date of hearing: 25 March 2019

Registry: New South Wales

Division: General Division

National Practice Area: Intellectual Property

Sub-area: Patents and associated Statutes

Category: Catchwords

Number of paragraphs: 20

Counsel for the Appellants: Mr T Cordiner QC and Mr J Cooke

Solicitor for the Appellants: Minter Ellison

Counsel for the First Respondent: Mr N Murray SC and Ms C Cunliffe

Solicitor for the First Respondent: Ashurst

ORDERS NSD 182 of 2019

BETWEEN: MYLAN HEALTH PTY LTD First Appellant

BGP PRODUCTS OPERATIONS GMBH Second Appellant

AND: SUN PHARMA ANZ PTY LTD First Respondent

ALKERMES PHARMA IRELAND LIMITED Second Respondent

JUDGE: YATES J DATE OF ORDER: 25 MARCH 2019

THE COURT ORDERS THAT:

1. The interlocutory application dated 15 March 2019 be dismissed. 2. Save in respect of documents for which a claim of privilege is made, in the first instance production of the documents sought in the notice to produce dated 11 March 2019 be made informally by producing copies of the same to the first respondent's solicitors by no later than 9.00 am on 29 March 2019. 3. The appellants pay the first respondents' costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.