Pharmacia Italia S.p.A. v Interpharma Pty Ltd [2005] FCA 1675

Pharmacia Italia S.p.A. v Interpharma Pty Ltd [2005] FCA 1675

Applicants established a serious question to be tried regarding infringement of claim 1 of the patent and that respondent has not sufficiently established a serious question to be tried as to validity. Damages would not be adequate remedy for applicants’ harm, and balance of convenience favours granting interlocutory injunction restraining respondent from importing or offering to import allegedly infringing solutions until determination of proceedings.

Parties
First Applicant: Pharmacia Italia S.p.A.; Second Applicant: Pfizer (Perth) Pty Ltd (ACN 051 824 956); Respondent: Interpharma Pty Ltd (ACN 099 877 899)
Jurisdiction
Australia
Judgment Date
23 November 2005
Procedural Posture
Interlocutory Injunction Application / Interlocutory (motion for Injunction)
Outcome
Interlocutory injunction granted restraining respondent from importing or offering to import imported solutions; costs awarded to applicants.
Legal Topics
Patent Infringement, Interlocutory Injunction, Exclusive Licensee Standing, Patent Validity, Novelty, Obviousness, Manner of Manufacture, Fair Basis, False Suggestion, Balance of Convenience
Intellectual Property Patent Law Patent Infringement Interlocutory Injunction Exclusive Licensee Standing Patent Validity Novelty Obviousness +4 more

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Parties

Pharmacia Italia S.p.A.

First Applicant

Pfizer (Perth) Pty Ltd (ACN 051 824 956)

Second Applicant

Interpharma Pty Ltd (ACN 099 877 899)

Respondent

Procedural Posture

Interlocutory Injunction Application / Interlocutory (motion for Injunction)

Legal Issues

  1. 1 Whether applicant exclusive licensee has standing to bring infringement proceedings under Patents Act 1990 (Cth).
  2. 2 Whether interlocutory injunction should be granted restraining respondent from importing or offering to import ready-to-use anthracycline glycoside solutions alleged to infringe patent.
  3. 3 Whether there is a serious question to be tried regarding infringement and validity (novelty, inventive step, manner of manufacture, fair basis, false suggestion).

Ratio Decidendi

Applicants established a serious question to be tried regarding infringement of claim 1 of the patent and that respondent has not sufficiently established a serious question to be tried as to validity. Damages would not be adequate remedy for applicants’ harm, and balance of convenience favours granting interlocutory injunction restraining respondent from importing or offering to import allegedly infringing solutions until determination of proceedings.

Court Disposition

Interlocutory injunction granted restraining respondent from importing or offering to import imported solutions; costs awarded to applicants.

Orders

  • Respondent restrained until the hearing and determination of the proceeding or further order from importing or offering to import Doxorubicin Hydrochloride Injections and Epirubicin Hydrochloride Injections as defined in applicants' Particulars of Infringement.
  • Respondent to pay applicants' costs of and incidental to the motion notice filed on 7 October 2005.