Federal Court of Australia
Federal Court of Australia
Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V. (No 2) [2020] FCA 1433 Appeal from: A decision of a delegate of the Commissioner of Patents: Merial, Inc. v Intervet International B.V. [2018] APO 52 (17 August 2018)
File number: VID 1127 of 2018
Judgment of: MOSHINSKY J
Date of judgment: 5 October 2020
Catchwords: PRACTICE AND PROCEDURE – costs – costs of interlocutory applications to amend patent application – where orders made by consent that the patent application be amended – where appeal under s 60(4) of the Patents Act 1990 (Cth) dismissed
Legislation: Patents Act 1990 (Cth), s 105
Cases cited: Eli Lilly and Co v Pfizer Research and Development Co NV/SA (2003) 59 IPR 234 Les Laboratoires Servier v Apotex Pty Ltd (2010) 273 ALR 630
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 7
Date of last submissions: 30 September 2020
Date of hearing: Determined on the papers
Counsel for the Appellant: Mr C Dimitriadis SC with Ms C Cunliffe
Solicitor for the Appellant: Ashurst Australia
Counsel for the Respondent: Mr CH Smith
Solicitor for the Respondent: Spruson & Ferguson Lawyers
ORDERS VID 1127 of 2018
BETWEEN: BOEHRINGER INGELHEIM ANIMAL HEALTH USA INC. Appellant
AND: INTERVET INTERNATIONAL B.V. Respondent
order made by: MOSHINSKY J DATE OF ORDER: 5 OCTOBER 2020
THE COURT ORDERS THAT:
1. The appellant and the respondent each bear their own costs of the respondent's interlocutory applications filed on 10 December 2018 and 31 May 2019. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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