Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Novartis AG v Arrow Pharmaceuticals Pty Ltd [2020] FCA 139 File number: NSD 859 of 2019
Judge: JAGOT J
Date of judgment: 14 February 2020
Catchwords: PATENTS – application to amend under s 105(1A) of the Patents Act 1990 (Cth) – method of treating or preventing multiple sclerosis and protecting against neurodegenerative brain inflammation – where amendments narrow the scope of the claims by defining the method and use of claims only – application to amend granted – costs
Legislation: Patents Act 1990 (Cth) ss 40(2), 40(3), 102(1), 102(2), 102(2A), 105(3), 105(4),105(1A) Federal Court Rules 2011 (Cth) r 34.41(a)
Cases cited: Cytec Industries Inc v Nalco Company [2019] FCA 1800 Eli Lilly and Company v Pfizer Research and Development Company NV/SA [2003] FCA 988; (2003) 59 IPR 234 Meat & Livestock Australia Limited v Cargill, Inc (No 2) [2019] FCA 33 Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622
Date of hearing: Heard on the papers
Date of last submissions: 20 December 2019 (Applicant) 17 January 2020 (Respondent)
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 Applicant: Mr C Dimitriadis SC with Mr C Burgess
Solicitor for the Applicant: Clayton Utz
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