Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd [2018] FCA 1426

Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd [2018] FCA 1426

The documents sought by the notice to produce are not sufficiently relevant to the issues to be determined in the interlocutory injunction application, as the validity of the patent and the propriety of injunctive relief are matters for objective determination, not subjective assessments by the applicants or their advisers. Therefore, the notice to produce should be set aside.

Jurisdiction
Australia
Judgment Date
11 September 2018
Procedural Posture
Application to Set Aside Notice to Produce in Interlocutory Patent and Injunctive Proceedings / Interlocutory Application, Ruling on Notice to Produce Prior to Hearing of Injunction Application
Outcome
Notice to produce set aside; respondent to pay costs of the application.
Legal Topics
['patents' 'interlocutory Injunctions' 'notice to Produce' 'amendment of Patents' 'discovery and Evidence']
['intellectual Property' 'practice and Procedure'] ['patents' 'interlocutory Injunctions' 'notice to Produce' 'amendment of Patents' 'discovery and Evidence']

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Procedural Posture

Application to Set Aside Notice to Produce in Interlocutory Patent and Injunctive Proceedings / Interlocutory Application, Ruling on Notice to Produce Prior to Hearing of Injunction Application

Legal Issues

  1. 1 ["Whether the respondent's notice to produce seeking documents evidencing assessments of patent validity and amendments should be set aside in the context of an interlocutory injunction application"]

Ratio Decidendi

The documents sought by the notice to produce are not sufficiently relevant to the issues to be determined in the interlocutory injunction application, as the validity of the patent and the propriety of injunctive relief are matters for objective determination, not subjective assessments by the applicants or their advisers. Therefore, the notice to produce should be set aside.

Court Disposition

Notice to produce set aside; respondent to pay costs of the application.

Orders

  • ['Notice to produce served by the Respondent, as varied, is set aside.' "Respondent to pay Applicants' costs of the application to set aside the notice to produce." 'Procedural directions for filing, service, affidavits, and hearing timetable for interlocutory injunction application and s 105 amendment application.']