Federal Court of Australia
Federal Court of Australia
Sanofi v Amgen Inc. (No 2) [2023] FCA 1156 File number: NSD 876 of 2022
Judgment of: YATES J
Date of judgment: 22 September 2023
Date of publication of reasons: 27 September 2023
Catchwords: PRACTICE AND PROCEDURE – patents – appeal from decision of a delegate of the Commissioner of Patents in opposition proceedings – application seeking orders pursuant to r 5.04 of the Federal Court Rules 2011 (Cth) limiting evidence to be relied on at the hearing of the appeal – where respondent intends to tender declarations relied on before the delegate together with affidavits made by the same declarants – where the affidavits summarise statements made in the declarations
Legislation: Evidence Act 1995 (Cth) ss 135, 136 Federal Court Rules 2011 (Cth) rr 5.04, 34.31 Patents Act 1990 (Cth) s 160 Patents Regulations 1991 (Cth) reg 5.23
Cases cited: Novartis AG v Pharmacor Pty Ltd [2022] FCAFC 58; 290 FCR 345
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 43
Date of hearing: 21 September 2023
Counsel for the Applicant: Mr D Shavin KC and Ms K Beattie
Solicitor for the Applicant: Jones Day
Counsel for the Respondent: Mr T Cordiner KC and Ms M McGrath
Solicitor for the Respondent: Wrays Lawyers Pty Ltd
ORDERS NSD 876 of 2022
BETWEEN: SANOFI Applicant
AND: AMGEN INC. Respondent
order made by: YATES J DATE OF ORDER: 22 SEPTEMBER 2023
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