Amrad Operations Pty Ltd v Genelabs Technologies Inc [1999] FCA 633

Amrad Operations Pty Ltd v Genelabs Technologies Inc [1999] FCA 633

The applicant demonstrated a prima facie case for the relief under Patents Act 1990 ss 133 and 135, warranting leave to amend parties, serve process outside Australia, and make confidentiality orders as sought. No reason appears for doubting jurisdiction or appropriateness of forum.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 May 1999
Procedural Posture
Application Under Patents Act for Compulsory Licence / Interlocutory Orders on Amendment, Service, and Confidentiality
Outcome
Application granted; leave to amend parties, serve out of jurisdiction, and confidentiality orders made.
Legal Topics
['patents' 'compulsory Licensing' 'service Out of Jurisdiction' 'confidentiality Orders']
['intellectual Property' 'civil Procedure'] ['patents' 'compulsory Licensing' 'service Out of Jurisdiction' 'confidentiality Orders']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application Under Patents Act for Compulsory Licence / Interlocutory Orders on Amendment, Service, and Confidentiality

Legal Issues

  1. 1 ['Whether applicant established a prima facie case for compulsory licence under Patents Act 1990 s 133 and s 135' 'Whether leave should be granted to amend parties and serve originating process outside Australia' 'Whether confidentiality orders should be made']

Ratio Decidendi

The applicant demonstrated a prima facie case for the relief under Patents Act 1990 ss 133 and 135, warranting leave to amend parties, serve process outside Australia, and make confidentiality orders as sought. No reason appears for doubting jurisdiction or appropriateness of forum.

Court Disposition

Application granted; leave to amend parties, serve out of jurisdiction, and confidentiality orders made.

Orders

  • ['Abbott GmbH Diagnostika cease to be a party; Abbott Laboratories substituted as third respondent; amend title and pleadings accordingly.' 'Leave granted to applicant under Order 8 rule 2(2) to serve amended application and statement of claim and Statutory Declaration of Gerard Henry out of Australia on each...