CSL Limited v Novo Nordisk Pharmaceuticals Pty Ltd (No 3) [2010] FCA 1279

CSL Limited v Novo Nordisk Pharmaceuticals Pty Ltd (No 3) [2010] FCA 1279

In the absence of special circumstances, the applicants must pay the respondents' costs in relation to the failed and uncontroversial successful amendments; no order as to costs on the respondents' discovery motion; extension granted for leave to appeal period.

Jurisdiction
Australia
Judgment Date
18 November 2010
Procedural Posture
Motion to Amend Under Patents Act 1990 (cth) S 105 / Costs Orders Following Determination of Amendment Motion
Outcome
Costs orders made: applicants to pay respondents' costs of and incidental to applicants' Notice of Motion filed on 6 November 2009, no order as to costs for respondents' motion filed 9 June 2010, extension granted to 21 days for application for leave to appeal.
Legal Topics
['amendment of Patent Claims' 'costs in Patent Proceedings' 'discovery in Patent Proceedings']
['intellectual Property' 'patents'] ['amendment of Patent Claims' 'costs in Patent Proceedings' 'discovery in Patent Proceedings']

Case Brief

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Procedural Posture

Motion to Amend Under Patents Act 1990 (cth) S 105 / Costs Orders Following Determination of Amendment Motion

Legal Issues

  1. 1 ['Entitlement to costs following successful and unsuccessful patent claim amendments' 'Appropriateness of costs orders for discovery-related motions' 'Extension of time for application for leave to appeal']

Ratio Decidendi

In the absence of special circumstances, the applicants must pay the respondents' costs in relation to the failed and uncontroversial successful amendments; no order as to costs on the respondents' discovery motion; extension granted for leave to appeal period.

Court Disposition

Costs orders made: applicants to pay respondents' costs of and incidental to applicants' Notice of Motion filed on 6 November 2009, no order as to costs for respondents' motion filed 9 June 2010, extension granted to 21 days for application for leave to appeal.

Orders

  • ['Parties allowed 21 days after judgment to apply for leave to appeal.' "No order as to costs of respondents' motion filed 9 June 2010." "Applicants to pay respondents' costs of and incidental to applicants' Notice of Motion filed on 6 November 2009."]