Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd (No 3) [2018] FCA 2060

Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd (No 3) [2018] FCA 2060

Sanofi did not establish a sufficient likelihood of success to justify grant of an interlocutory injunction; the invalidity case advanced by Alphapharm was sufficiently strong to qualify Sanofi's probability of success, and the balance of convenience and justice favoured refusal of interim relief due to greater difficulty in compensating Alphapharm if wrongly restrained.

Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Interlocutory Application / Interlocutory Injunction Decision
Outcome
Application dismissed
Legal Topics
['patents' 'interlocutory Injunction' 'invalidity' 'novelty' 'balance of Convenience']
['intellectual Property'] ['patents' 'interlocutory Injunction' 'invalidity' 'novelty' 'balance of Convenience']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Injunction Decision

Legal Issues

  1. 1 ['Whether the applicant established a prima facie case of patent infringement' 'Whether claims 1-4 of the patent are invalid for want of novelty' 'Whether balance of convenience favours grant or refusal of interlocutory relief']

Ratio Decidendi

Sanofi did not establish a sufficient likelihood of success to justify grant of an interlocutory injunction; the invalidity case advanced by Alphapharm was sufficiently strong to qualify Sanofi's probability of success, and the balance of convenience and justice favoured refusal of interim relief due to greater difficulty in compensating Alphapharm if wrongly restrained.

Court Disposition

Application dismissed

Orders

  • ["The Applicants' interlocutory application dated 20 August 2018 be dismissed." 'Access to and disclosure of Confidential Annexure A be restricted to the Court and designated persons who have provided a confidentiality undertaking.' "The Applicants pay the Respondent's costs of the interlocutory application,...