Federal Court of Australia
Federal Court of Australia EIS GmbH v LELO Oceania Pty Ltd (Expert Evidence) [2024] FCA 1334 File number(s): NSD 376 of 2023 NSD 1411 of 2023
Judgment of: DOWNES J
Date of judgment: 19 November 2024
Catchwords: PATENTS – invalidity – affidavits of witness filed by party which do not comply with rule 23.13 Federal Court Rules 2011 (Cth) – affidavits sought to be relied upon as expert evidence in invalidity case for purposes of having witness participate in expert conclaves to be held in next fortnight – independence of witness challenged – both parties have existing independent expert witnesses who will participate in conclaves – witness excluded from expert conclaves – whether party can rely upon evidence of witness as expert evidence deferred to trial
Legislation: Federal Court Rules 2011 (Cth) r 23.13
Cases cited: Novartis v AG 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: 18
Date of hearing: 18 November 2024
Counsel for the Applicant/Cross-Respondent: Ms C Cochrane SC
Solicitor for the Applicant/Cross-Respondent: Gilbert + Tobin
Counsel for the Respondents/Cross-Claimants: Ms K Howard SC with Mr J Samargis
Solicitor for the Respondents/Cross-Claimants: Douros Jackson Lawyers
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