Arrow Pharmaceuticals Limited v Merck & Co., Inc. [2005] FCA 188

Arrow Pharmaceuticals Limited v Merck & Co., Inc. [2005] FCA 188

The applicant, Arrow, having succeeded in obtaining revocation of the patent, is entitled to general costs of the action, subject to the respondent recovering costs related to particular affidavits and certain unsuccessful grounds.

Parties
Applicant: Arrow Pharmaceuticals Limited; Respondent: Merck & Co., Inc.
Jurisdiction
Australia
Judgment Date
09 March 2005
Procedural Posture
Patent Revocation/civil / Post Judgment; Determination of Costs
Outcome
Costs ordered as specified: respondent pays applicant's costs subject to exceptions; applicant pays respondent's costs for specified affidavits and grounds.
Legal Topics
Patents, Revocation of Patent, Costs Orders, Litigation Procedure
Intellectual Property Law Patents Revocation of Patent Costs Orders Litigation Procedure

Case Brief

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Parties

Arrow Pharmaceuticals Limited

Applicant

Merck & Co., Inc.

Respondent

Procedural Posture

Patent Revocation/civil / Post Judgment; Determination of Costs

Legal Issues

  1. 1 Entitlement to costs following partial success in patent revocation proceedings
  2. 2 Whether abandonment of some grounds justifies apportionment of costs

Ratio Decidendi

The applicant, Arrow, having succeeded in obtaining revocation of the patent, is entitled to general costs of the action, subject to the respondent recovering costs related to particular affidavits and certain unsuccessful grounds.

Court Disposition

Costs ordered as specified: respondent pays applicant's costs subject to exceptions; applicant pays respondent's costs for specified affidavits and grounds.

Orders

  • Subject to order 2 the respondent pay the applicant's costs of the proceedings.
  • The applicant pay the respondent's costs arising out of service of the affidavits of John Anthony Eden, Thomas John Martin, Michael Jeffrey Hooper and Martin Epstein and the provision of related patient records.