Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hanwha Solutions Corporation v LONGi Green Energy Technology Co. Ltd [2020] FCA 580 File number(s): NSD 394 of 2019 NSD 395 of 2019 NSD 458 of 2019
Judge: BURLEY J
Date of judgment: 1 May 2020
Catchwords: PRACTICE AND PROCEDURE – application for further and better discovery – where the patentee has applied to amend the patent pursuant to s 105 of the Patents Act 1990 (Cth) – where patentee owns multiple patents for solar cells across different patent families in various jurisdictions – where respondents allege patentee's constructive knowledge of prior art – application granted in part
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, s 18 and s 29 Federal Court of Australia Act 1976 (Cth) s 23, s 37AI Patents Act 1990 (Cth) s 105 Federal Court Rules 2011 (Cth) r 1.32, r 20.14, r 20.21, and r 20.32
Cases cited: Apotex Pty Ltd v Les Laboratoires Servier (No 4) [2015] FCA 104; 111 IPR 160 CSL Ltd v Novo Nordisk Pharmaceuticals Pty Ltd [2010] FCA 671 CSL Ltd v Novo Nordisk Pharmaceuticals Pty Ltd (No 2) [2010] FCA 1251; 190 FCR 522; 89 IPR 288 Mulley v Manifold (1959) 103 CLR 341 Neurim Pharmaceuticals (1991) Ltd v Generic Partners Pty Ltd (No 2) [2019] FCA 154; 139 IPR 424 Oxford Gene Technology Ltd v Affymetrix Inc (No 2) [2001] RPC 18
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