H Lundbeck A/S v Commissioner of Patents [2019] FCA 535

H Lundbeck A/S v Commissioner of Patents [2019] FCA 535

There has not been a sufficient change in circumstances to justify releasing Lundbeck from the undertaking, and maintaining the undertaking does not create a real risk of estoppel or injustice; continuation accords with proper case management.

Parties
Applicant: H Lundbeck A/S; First Respondent: Commissioner of Patents; Second Respondent: Sandoz Pty Ltd
Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Practice and Procedure / Application for Release From Court Undertaking
Outcome
Application dismissed with costs.
Legal Topics
Patents, Case Management, Undertakings, Estoppel, Res Judicata
Intellectual Property Patents Case Management Undertakings Estoppel Res Judicata

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Parties

H Lundbeck A/S

Applicant

Commissioner of Patents

First Respondent

Sandoz Pty Ltd

Second Respondent

Procedural Posture

Practice and Procedure / Application for Release From Court Undertaking

Legal Issues

  1. 1 Whether Lundbeck should be released from an undertaking to the Court not to appeal a judgment until parallel proceedings had been determined
  2. 2 Whether maintaining the undertaking could cause issues of res judicata or estoppel for Lundbeck in future appeals
  3. 3 Whether case management principles support the release of the undertaking

Ratio Decidendi

There has not been a sufficient change in circumstances to justify releasing Lundbeck from the undertaking, and maintaining the undertaking does not create a real risk of estoppel or injustice; continuation accords with proper case management.

Court Disposition

Application dismissed with costs.

Orders

  • The application dated 29 March 2019 be dismissed with costs.