Federal Court of Australia
Federal Court of Australia
Merck Sharp & Dohme Corp v Wyeth LLC (No 4) [2020] FCA 1719 File number: NSD 1381 of 2017
Judgment of: BURLEY J
Date of judgment: 30 November 2020
Catchwords: PATENTS – whether appropriate to grant injunction in general form – where public health considerations not raised during trial – injunction granted COSTS – where parties achieved mixed success – whether appropriate to make separate costs orders with respect to different patents in suit
Legislation: Patents Act 1990 (Cth) ss 19, 138, 140, 187 and Schedule 1
Cases cited: Calidad Pty Ltd v Seiko Epson Corporation (No 2) [2019] FCAFC 168; 147 IPR 386 Davies v Lazer Safe Pty Ltd (No 2) [2019] FCAFC 118 Evalve Inc v Edwards Lifesciences Ltd [2020] EWHC 513 Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] FCA 1477 Seiko Epson Corp v Calidad Pty Ltd [2018] FCA 104
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 24
Date of hearing: 19 November 2020
Counsel for the Applicants/Cross-Respondents: Ms K. Howard SC with Mr D. Larish
Solicitor for the Applicants/Cross-Respondents: Corrs Chambers Westgarth
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