High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, HAYNE, CRENNAN, KIEFEL AND GAGELER JJ
APOTEX PTY LTD APPLICANT/APPELLANT
AND
SANOFI-AVENTIS AUSTRALIA PTY LTD & ORS RESPONDENTS
Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50 4 December 2013 S219/2012 & S1/2013
ORDER
Matter No S1 of 2013
Appeal dismissed with costs.
Matter No S219 of 2012
1. Special leave to appeal on ground 3 of the Draft Notice of Appeal filed on 10 September 2012 granted.
2. Appeal allowed with costs.
3. Set aside the orders of the Full Court of the Federal Court of Australia made on 18 July 2012 and, in their place, order that:
(a) the appeal be allowed in part;
(b) orders 2, 3 and 6 of the Federal Court made on 18 November 2011 be set aside;
(c) order 1 of the Federal Court made on 24 February 2012 be set aside; and
(d) so much of the Amended Application dated 22 September 2009 as made in paragraphs 14 to 22 be dismissed.
4. Remit the matter to the Full Court on the questions of the costs of the appeal to that Court and the costs of the trial (which latter question may, at the discretion of the Full Court, be remitted to the primary judge).
On appeal from the Federal Court of Australia
Representation
D K Catterns QC with N R Murray for the applicant/appellant (instructed by Herbert Smith Freehills)
D F Jackson QC with C Dimitriadis for the respondents (instructed by Jones Day)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd
Intellectual property – Patents – Patent claimed administration of pharmaceutical substance as method of preventing or treating medical condition – Whether method of medical treatment of human body is patentable invention within meaning of s 18(1)(a) of Patents Act 1990 (Cth) – Whether product or process is manner of manufacture within meaning of s 6 of Statute of Monopolies – Whether novel therapeutic use of known substance is patentable invention.
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