Federal Court of Australia
Federal Court of Australia
Pharmacia LLC v Juno Pharmaceuticals Pty Ltd (No 2) [2022] FCA 369 File number: NSD 1370 of 2019
Judgment of: BURLEY J
Date of judgment: 11 April 2022
Catchwords: PATENTS – form of orders to give effect to the Court's reasons – where infringement case was conducted on the basis of batch records supplied by respondents – where respondents admitted that batch records provided were representative of batches sold by respondents in Australia – where applicants successful in establishing that certain batches fell within scope of relevant claims – whether declarations appropriate – where patent has now expired – whether injunctions appropriate COSTS – where respondents contend that no batches sold in Australia infringed – determination of costs of infringement claim deferred until after hearing on quantum – where respondents failed in defensive cross-claim – respondents to pay costs of cross-claim – question of costs of infringement claim deferred
Legislation: Patents Act 1990 (Cth) s 19
Cases cited: Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 Juno Pharmaceuticals Pty Ltd v Millennium Pharmaceuticals, Inc [2019] FCA 526 Park v Brothers [2005] HCA 73; 222 ALR 421 Pharmacia LLC v Juno Pharmaceuticals Pty Ltd [2022] FCA 92 Selvaratnam v St George - A Division of Westpac Banking Corporation (No 2) [2021] FCA 486 Smith v New South Wales Bar Association [1992] HCA 36; 176 CLR 256 Truth About Motorways Pty Ltd v Macquarie Infrastructure Management Ltd [2000] HCA 11; 200 CLR 591
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate