Federal Court of Australia
Federal Court of Australia
Neurim Pharmaceuticals (1991) Ltd v Generic Partners Pty Ltd (No 6) [2024] FCA 480 File number: NSD 656 of 2017
Judgment of: NICHOLAS J
Date of judgment: 10 May 2024
Catchwords: PATENTS – appropriate form of declaration of infringement – amendment of claim for additional damages – whether outside terms of leave previously granted – whether costs relating to preparation of written evidence should be reduced – whether such costs unreasonably or unnecessarily incurred
Legislation: Federal Court Rules 2011 (Cth) r 40.30 Patents Act 1990 (Cth) ss 13(1), 19(1), 117, 122
Cases cited: Neurim Pharmaceuticals (1991) Ltd v Generic Partners Pty Ltd (No 4) [2020] FCA 1776 Neurim Pharmaceuticals (1991) Ltd v Generic Partners Pty Ltd (No 5) [2024] FCA 360
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 22
Date of hearing: 2 May 2024
Counsel for the Applicant/Cross-Respondent: Mr D Shavin KC with Ms M Evetts
Solicitor for the Applicant/Cross-Respondent: DLA Piper Australia
Counsel for the Respondents/Cross-Claimants: Mr N Murray SC
Solicitor for the Respondents/Cross-Claimants: Herbert Smith Freehills
ORDERS NSD 656 of 2017
BETWEEN: NEURIM PHARMACEUTICALS (1991) LTD Applicant
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