University of Georgia Research Foundation Inc v BioChem Pharma [2001] FCA 688

Appeal proceedings should be stayed pending the outcome of the amendment application before the Commissioner for Patents if BioChem undertakes to prosecute its opposition expeditiously, to avoid unnecessary expense and duplication of evidentiary material.

Parties: First Applicant: University of Georgia Research Foundation Inc; Second Applicant: Emory University; Respondent: BioChem Pharma Inc
Jurisdiction: Australia
Judgment Date: 08 June 2001
Procedural Posture: Appeal / Interlocutory Application for Stay Pending Amendment Determination
Outcome: stay of appeal proceedings indicated but not yet ordered, contingent on undertaking from BioChem
Legal Topics: Amendment of Patent Application, Stay of Proceedings, Selection Patent, Novelty, Inventive Step

Intellectual Property Patents Amendment of Patent Application Stay of Proceedings Selection Patent Novelty Inventive Step

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Parties

University of Georgia Research Foundation Inc

First Applicant

Emory University

Second Applicant

BioChem Pharma Inc

Respondent

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Amendment Determination

Legal Issues

1 Whether appeal proceedings should be stayed pending determination of an amendment application by the Patent Office
2 Appropriateness of a stay to avoid multiplicity of proceedings and unnecessary expense

Ratio Decidendi

Court Disposition

stay of appeal proceedings indicated but not yet ordered, contingent on undertaking from BioChem