Juno Pharmaceuticals Pty Ltd v Millennium Pharmaceuticals, Inc [2019] FCA 526
The application to withdraw the Ester Admission is refused because there is substantial evidence against the applicant's new position, the applicant has not undertaken a reasonably simple experiment to clarify the admission's accuracy, and withdrawal would likely jeopardise the trial date, running counter to case management principles.
- Jurisdiction
- Australia
- Judgment Date
- 16 April 2019
- Procedural Posture
- Interlocutory Application / Application for Leave to Withdraw Admissions in Defence to Cross Claim
- Outcome
- Application dismissed
- Legal Topics
- ['interlocutory Application' 'withdrawal of Admissions' 'patent Infringement' 'case Management' 'cross Claim']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Application / Application for Leave to Withdraw Admissions in Defence to Cross Claim
Legal Issues
- 1 ["Whether leave should be granted to withdraw an admission (the 'Ester Admission') in defence to a cross-claim for patent infringement" 'Consideration of case management principles and impact on trial date']
Ratio Decidendi
The application to withdraw the Ester Admission is refused because there is substantial evidence against the applicant's new position, the applicant has not undertaken a reasonably simple experiment to clarify the admission's accuracy, and withdrawal would likely jeopardise the trial date, running counter to case management principles.
Court Disposition
Application dismissed
Orders
- ["The applicant's interlocutory application dated 5 March 2019 be dismissed."]
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