Apotex Pty Ltd v Les Laboratoires Servier [2012] FCA 359

Apotex Pty Ltd v Les Laboratoires Servier [2012] FCA 359

Servier established sufficient relevance of specified, redacted documents in support of its Service Application for leave to serve Foreign Respondents out of jurisdiction; production ordered limited to identities and relationships relevant to cross-claim issues; broader or more confidential document contents need not be produced where not shown to be relevant or where categories too broad or uncertain.

Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Application to Set Aside Notice to Produce in Ongoing Patent Proceedings Including Cross Claim for Infringement / Interlocutory Application Determination of Notice to Produce and Associated Costs
Outcome
Application to set aside Notice to Produce dismissed; partial production ordered with confidentiality and redactions; costs orders made.
Legal Topics
['patents' 'discovery and Production of Documents' 'interlocutory Relief' 'cross Claim Procedure' 'setting Aside Notice to Produce' 'costs']
['intellectual Property Law' 'civil Procedure'] ['patents' 'discovery and Production of Documents' 'interlocutory Relief' 'cross Claim Procedure' 'setting Aside Notice to Produce' 'costs']

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Procedural Posture

Application to Set Aside Notice to Produce in Ongoing Patent Proceedings Including Cross Claim for Infringement / Interlocutory Application Determination of Notice to Produce and Associated Costs

Legal Issues

  1. 1 ['Whether the Notice to Produce served by Servier should be set aside in the context of an application for service out of the jurisdiction and cross-claim for patent infringement' 'Apparent relevance and scope of categories of documents sought in the Notice to Produce under Federal Court Rules 2011' "Whether the Notice to Produce amounts to impermissible 'fishing' or is unduly burdensome" 'Appropriate restrictions or redactions to address confidentiality and relevance' 'Consequential costs']

Ratio Decidendi

Servier established sufficient relevance of specified, redacted documents in support of its Service Application for leave to serve Foreign Respondents out of jurisdiction; production ordered limited to identities and relationships relevant to cross-claim issues; broader or more confidential document contents need not be produced where not shown to be relevant or where categories too broad or uncertain.

Court Disposition

Application to set aside Notice to Produce dismissed; partial production ordered with confidentiality and redactions; costs orders made.

Orders

  • ['These reasons be kept confidential to legal advisers for the parties until further order.' 'Counsel to consult and notify court of proposed redactions by 12 April 2012.' 'Application to set aside the Notice to Produce dismissed.' 'Redacted production of certain documents by Apotex for hearing of application dated...