Federal Court of Australia
Federal Court of Australia
Pfizer Ireland Pharmaceuticals v Sandoz Pty Ltd [2020] FCA 1648 File number(s): VID 1200 of 2019
Judgment of: BURLEY J
Date of judgment: 13 November 2020
Catchwords: PRACTICE AND PROCEDURE – preliminary discovery – where prospective respondent has no current intention to launch pharmaceutical product in Australia – where prospective respondent has undertaken not to launch its pharmaceutical product without first providing the prospective applicants with a substantial notice period – whether prospective applicants hold a reasonable belief that they may be entitled to relief for patent infringement as required by r 7.23(1)(a) of the Federal Court Rules 2011 (Cth) – whether discretion under r 7.23(2) of the Federal Court Rules 2011 (Cth) should be exercised – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 37AF(1)(b) Patents Act 1990 (Cth) s 119A Federal Court Rules 2011 (Cth) r 7.23
Cases cited: Luna Park Ltd v the Commonwealth [1923] HCA 49; 32 CLR 596 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193; 257 FCR 62 Re Barrow [2017] HCA 47; 91 ALJR 1240 Reeve v Aqualast Pty Ltd [2012] FCA 679 St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360; 211 ALR 147 Warner-Lambert Company LLC v Apotex Pty Limited [2017] FCAFC 58; 249 FCR 17
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