Arrow Pharmaceuticals Limited v Merck & Co Inc. [2004] FCA 983

Arrow Pharmaceuticals Limited v Merck & Co Inc. [2004] FCA 983

Document 6957 was not entitled to legal professional privilege because, although it referred to patentability and included views about that topic, those views did not on their face record or disclose legal advice; rather, the document considered practical steps that might be taken to advance the cause.

Jurisdiction
Australia
Judgment Date
10 June 2004
Procedural Posture
Interlocutory Application Concerning Discovery and Claims for Legal Professional Privilege / Reasons for Ruling on Application for Leave to File a Motion Returnable Instanter
Outcome
The respondent was ordered to produce document 6957.
Legal Topics
['discovery' 'legal Professional Privilege' 'patent Issues']
['civil Procedure' 'evidence' 'intellectual Property'] ['discovery' 'legal Professional Privilege' 'patent Issues']

Case Brief

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Procedural Posture

Interlocutory Application Concerning Discovery and Claims for Legal Professional Privilege / Reasons for Ruling on Application for Leave to File a Motion Returnable Instanter

Legal Issues

  1. 1 ['Whether document 6957 was entitled to legal professional privilege.' 'Whether the respondent should produce document 6957.']

Ratio Decidendi

Document 6957 was not entitled to legal professional privilege because, although it referred to patentability and included views about that topic, those views did not on their face record or disclose legal advice; rather, the document considered practical steps that might be taken to advance the cause.

Court Disposition

The respondent was ordered to produce document 6957.

Orders

  • ["The respondent produce the document numbered 6957 in Schedule 1 Part 2 of the respondent's list of documents certified on 9 October 2003."]