Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ViiV Healthcare Company v Gilead Sciences Pty Limited [2020] FCA 594 File number: VID 1332 of 2019
Judge: BEACH J
Date of judgment: 4 May 2020
Catchwords: PRACTICE AND PROCEDURE – patents – anti-viral pharmaceutical compound to treat HIV – polycyclic carbamoylpyridone derivatives – integrase inhibitory activity – infringement of patent – structure of alleged infringing product – Biktarvy containing bictegravir as a sodium salt – position statement on infringement – integers of claims – bicyclic ring structures – disclosure of infringement case – application dismissed
Case cited: VIIV Healthcare Company v Gilead Sciences Canada Inc 2020 FC 486 (unreported, Ottawa, Ontario, 6 April 2020)
Date of hearing: 1 May 2020
Registry: Victoria
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Category: Catchwords
Number of paragraphs: 47
Counsel for the Applicants: Mr D Shavin QC with Mr B Kremer
Solicitor for the Applicants: Phillips Ormonde Fitzpatrick Lawyers
Counsel for the Respondent: Mr C Dimitriadis SC with Mr L Merrick
Solicitor for the Respondent: Herbert Smith Freehills
ORDERS VID 1332 of 2019
BETWEEN: VIIV HEALTHCARE COMPANY First Applicant
SHIONOGI & CO. LTD Second Applicant
AND: GILEAD SCIENCES PTY LIMITED (ACN 072 611 708) Respondent
JUDGE: BEACH J DATE OF ORDER: 4 MAY 2020
THE COURT ORDERS THAT:
1. The respondent's interlocutory application be refused. 2. The respondent pay the applicants' costs of and incidental to that application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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