Alphapharm Pty Ltd v Beecham Group Plc [2001] FCA 713

Alphapharm Pty Ltd v Beecham Group Plc [2001] FCA 713

Respondents should be given a reasonable opportunity to file any cross-claim alleging infringement; if not filed within the specified reasonable time, infringement proceedings must be commenced separately and will not delay the revocation proceeding.

Parties
Applicant: Alphapharm Pty Ltd; First Respondent: Beecham Group Plc; Second Respondent: SmithKline Beecham PLC; Third Respondent: SmithKline Beecham (Australia) Pty Ltd
Jurisdiction
Australia
Judgment Date
13 June 2001
Procedural Posture
Patent Revocation / Interlocutory Directions Order
Outcome
interlocutory directions for further submissions and possible cross-claims
Legal Topics
Patent Validity, Patent Revocation, Cross Claims, Costs
Intellectual Property Patent Validity Patent Revocation Cross Claims Costs

Case Brief

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Parties

Alphapharm Pty Ltd

Applicant

Beecham Group Plc

First Respondent

SmithKline Beecham PLC

Second Respondent

SmithKline Beecham (Australia) Pty Ltd

Third Respondent

Procedural Posture

Patent Revocation / Interlocutory Directions Order

Legal Issues

  1. 1 Whether respondents should be permitted to file a cross-claim alleging patent infringement.
  2. 2 When costs thrown away by amendments should be taxed.

Ratio Decidendi

Respondents should be given a reasonable opportunity to file any cross-claim alleging infringement; if not filed within the specified reasonable time, infringement proceedings must be commenced separately and will not delay the revocation proceeding.

Court Disposition

interlocutory directions for further submissions and possible cross-claims

Orders

  • Directions to be made on Friday 15 June 2001 in accordance with the short minutes proposed by Alphapharm unless further submissions are made by respondents concerning the date for filing any cross-claim by that time.