Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 3) [2020] FCA 222 File numbers: NSD 121 of 2012 NSD 837 of 2015
Judge: YATES J
Date of judgment: 28 February 2020
Catchwords: PRACTICE AND PROCEDURE – enforcement of undertakings as to damages - leave to amend pleadings to withdraw admissions – factors relevant to the exercise of discretion – leave granted
Legislation: Federal Court Rules 2011 (Cth) r 26.11 National Health Act 1953 (Cth)
Cases cited: Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2007] FCA 1390 Celestino v Celestino [1990] FCA 299 Centrestate Exports Pty Ltd v Amarantos Shipping Co Ltd [2005] SASC 158 Cropper v Smith (1884) 26 Ch D 700 Jeans v Commonwealth Bank of Australia [2003] FCAFC 309; 204 ALR 327 Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2019] FCA 230 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2018] FCA 1556
Date of hearing: 11 and 17 September 2019
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
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