Federal Court of Australia
Federal Court of Australia
Samsung Bioepis AU Pty Ltd v Janssen Biotech, Inc. (Costs) [2024] FCA 1099 File number(s): NSD 65 of 2024
Judgment of: DOWNES J
Date of judgment: 19 September 2024
Catchwords: COSTS – consent to surrender of innovation patents and discontinuance of proceedings nearly three months before trial – whether costs should be ordered on indemnity basis – application refused PRACTICE AND PROCEDURE – circumstances where short form reasons are appropriate
Cases cited: James Hardie International Finance BV v CSR Limited [2007] FCA 366
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 18
Date of last submissions: 4 September 2024 (Applicant/Cross-Respondent) 11 September 2024 (Respondent/Cross-Claimants)
Date of hearing: Determined on the papers
Counsel for the Applicant/Cross-Respondent: Mr C Dimitriadis SC and Ms C Cunliffe
Solicitor for the Applicant/Cross-Respondent: Maddocks Lawyers
Counsel for the Respondent/Cross-Claimants: Mr J Cooke SC and Mr J Elks
Solicitor for the Respondent/Cross-Claimants: Davies Collison Cave Law
ORDERS NSD 65 of 2024
BETWEEN: SAMSUNG BIOEPIS AU PTY LTD Applicant
AND: JANSSEN BIOTECH, INC. Respondent
AND BETWEEN: JANSSEN BIOTECH, INC. (and another named in the Schedule) First Cross-Claimant
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