Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sovereign Hydroseal Pty Ltd v Steynberg [2020] FCA 1084 File number: WAD 85 of 2020
Judge: MCKERRACHER J
Date of judgment: 30 July 2020
Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery from prospective respondent – possible patent infringement – whether prospective applicant's belief that it may have a right to obtain relief is reasonable – Pfizer Ireland Pharmaceuticals v Samsung Bioepis Au Pty Ltd [2017] FCAFC 193 applied
Legislation: Federal Court Rules 2011 (Cth) rr 7.23, 7.23(1)(a), 7.29
Cases cited: MMD Design and Consultancy Limited v Camco Engineering Pty Ltd [2019] FCA 1803 Pfizer Ireland Pharmaceuticals v Samsung Bioepis Au Pty Ltd [2017] FCAFC 193; (2017) 257 FCR 62 Quanta Software International Pty Ltd v Computer Management Services Pty Ltd [2000] FCA 969 SmithKline Beecham plc v Alphapharm Pty Ltd [2001] FCA 271
Date of hearing: 26 June 2020
Registry: Western Australia
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Patents and Associated Statutes
Category: Catchwords
Number of paragraphs: 73
Counsel for the Prospective Applicants: Mr A Fox
Solicitor for the Prospective Applicants: Griffith Hack Lawyers
Counsel for the Prospective Respondent: Mr V Kalyan
Solicitor for the Prospective Respondent: Kalyans Lawyers
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