Orion Corporation v Actavis Pty Ltd (No 2) [2015] FCA 1026

Orion Corporation v Actavis Pty Ltd (No 2) [2015] FCA 1026

The Court provided a confidential annexure to the reasons because the detailed reasons for the infringement conclusion concerned Actavis' method and continuing protection of the trade secret the subject of that method was necessary; publication or disclosure was therefore prohibited except to specified authorised persons and representatives bound by confidentiality undertakings.

Jurisdiction
Australia
Judgment Date
16 September 2015
Procedural Posture
Federal Court Patent Infringement Proceeding / Confidential Reasons and Orders Following Publication of Reasons on Substantive Issues
Outcome
Confidential reasons annexed and non-publication/disclosure orders made until further order, subject to specified exceptions.
Legal Topics
['patent Infringement' 'confidential Reasons' 'trade Secrets' 'non Publication and Disclosure Restrictions' 'proper Administration of Justice']
['intellectual Property' 'patents' 'civil Procedure'] ['patent Infringement' 'confidential Reasons' 'trade Secrets' 'non Publication and Disclosure Restrictions' 'proper Administration of Justice']

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Procedural Posture

Federal Court Patent Infringement Proceeding / Confidential Reasons and Orders Following Publication of Reasons on Substantive Issues

Legal Issues

  1. 1 ['Whether detailed confidential reasons should be provided for the conclusion that Actavis infringed claim 17 of the patent.' "Whether publication or disclosure of the confidential annexure and its contents should be prohibited to protect the trade secret the subject of Actavis' method." "Whether Actavis' method avoided infringement of claim 17 because of the distinguishing aspect relied on by Actavis or because of additional integers in its method."]

Ratio Decidendi

The Court provided a confidential annexure to the reasons because the detailed reasons for the infringement conclusion concerned Actavis' method and continuing protection of the trade secret the subject of that method was necessary; publication or disclosure was therefore prohibited except to specified authorised persons and representatives bound by confidentiality undertakings.

Court Disposition

Confidential reasons annexed and non-publication/disclosure orders made until further order, subject to specified exceptions.

Orders

  • ['Until further order and except as provided in order 2, publication or other disclosure of the confidential annexure to the reasons for judgment of Justice Rares delivered on 16 September 2015 and any information contained within the confidential annexure is prohibited.' 'Publication or other disclosure of the...