Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MMD Design and Consultancy Limited v Camco Engineering Pty Ltd [2019] FCA 1803 File number: VID 563 of 2019
Judge: O'BRYAN J
Date of judgment: 7 November 2019
Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery – possible patent infringement – whether prospective applicants held reasonable belief that they may have had right to obtain relief – whether, after making reasonable enquiries, the prospective applicants did not have sufficient information to decide whether to start a proceeding – whether the Court's discretion under subrule 7.23(2) of the Federal Court Rules 2011 (Cth) should be exercised – application granted
Legislation: Federal Court Rules 2011 (Cth) r 7.23(1), 7.23(2)
Cases cited: Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd [1996] FCA 391 Glencore International AG v Selwyn Mines Limited (2005) 223 ALR 238 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (2017) 257 FCR 62 SmithKline Beecham Plc v Alphapharm Pty Ltd [2001] FCA 271
Date of hearing: 3 October 2019
Date of last submissions: 14 October 2019
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and Associated Statutes
Category: Catchwords
Number of paragraphs: 66
Counsel for the Prospective Applicants: Ms C Cunliffe
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