Federal Court of Australia
Federal Court of Australia
Novartis AG v Arrow Pharmaceuticals Pty Ltd (No 2) [2020] FCA 1475 File number: NSD 859 of 2019
Judgment of: BURLEY J
Date of judgment: 12 October 2020
Date of publication of reasons: 13 October 2020
Catchwords: PATENTS – appeal under s 60(4) of the Patents Act 1990 (Cth) – where opponent has filed submitting notice and Commissioner of Patents is not taking active part in proceedings – where there is no evidence to support grounds of opposition – appeal allowed – opposition dismissed – patent allowed to proceed to grant
Legislation: Patents Act 1990 (Cth) ss 18(1)(b)(ii), 59, 60 and 105(1A)
Cases cited: Arrow Pharmaceuticals Pty Ltd v Novartis AG [2019] APO 22 Cadbury Schweppes Plc v Effem Foods Pty Ltd [2006] FCA 1267; (2006) 69 IPR 584 Daiichi Sankyo Company, Limited v Alethia Biotherapeutics Inc. [2016] FCA 1540 European Community v Commissioner of Patents [2006] FCA 706; (2006) 68 IPR 539 Novartis AG v Arrow Pharmaceuticals Pty Ltd [2020] FCA 139
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 8
Date of hearing: 12 October 2020
Counsel for the Appellant: Mr C. Burgess
Solicitor for the Appellant: Clayton Utz
Counsel for the Respondent: The Respondent filed a submitting notice, save as to costs
ORDERS NSD 859 of 2019
BETWEEN: NOVARTIS AG Appellant
AND: ARROW PHARMACEUTICALS PTY LTD Respondent
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