Federal Court of Australia
Federal Court of Australia
Juno Pharmaceuticals Pty Ltd v Celgene Corporation [2021] FCA 236 File number: VID 718 of 2020
Judgment of: BEACH J
Date of judgment: 19 March 2021
Catchwords: PATENTS – compound claims – pharmaceutical products – lenalidomide – reduction of tumor necrosis factor alpha – invalidity grounds – failure to disclose best method – false suggestion – summary dismissal application concerning particulars of invalidity – cross-claim for infringement of patent in suit and method of treatment patents – strike out application concerning cross-claim – expedited trial concerning only invalidity of claims of patent in suit – need for expedition – need to clear the way for launch of generic products – setting aside notices to produce – orders made
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Patents Act 1990 (Cth) ss 40, 97 and 119A Federal Court Rules 2011 (Cth) rr 16.21 and 26.01
Cases cited: Bluescope Steel Ltd v Dongkuk Steel Mill Co Ltd (No 2) (2019) 152 IPR 195 Firebelt Pty Ltd v Brambles Australia Ltd (2000) 51 IPR 531 Gilead Sciences Pty Ltd v Idenix Pharmaceuticals LLC (2016) 117 IPR 252 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (2017) 134 IPR 1 Les Laboratoires Servier v Apotex Pty Ltd (2016) 247 FCR 61 Pfizer Overseas Pharmaceuticals v Eli Lilly and Company (2005) 225 ALR 416 Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 4) (2011) 203 FCR 293 Upaid Systems Ltd v Telstra Corporation Ltd (2016) 122 IPR 190
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