Janssen Sciences Ireland UC v Alphapharm Pty Ltd [2017] FCA 1399

Janssen Sciences Ireland UC v Alphapharm Pty Ltd [2017] FCA 1399

The applicant has established a prima facie case for threatened infringement of claims 14 and 15 of its patent, the respondent's arguments on invalidity are not, on the present evidence, strong enough to displace that prima facie case, and the balance of convenience favours the grant of an interim injunction restraining the respondent from infringing activity until trial, subject to undertakings by the applicant.

Jurisdiction
Australia
Judgment Date
27 November 2017
Procedural Posture
Interlocutory Application / Application for Interim Injunction Pending Trial
Outcome
Interim injunction granted pending determination of the proceeding or further order.
Legal Topics
['interim Injunctions' 'patent Infringement' 'pbs (pharmaceutical Benefits Scheme) Listing' 'patent Validity']
['intellectual Property' 'patents'] ['interim Injunctions' 'patent Infringement' 'pbs (pharmaceutical Benefits Scheme) Listing' 'patent Validity']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application for Interim Injunction Pending Trial

Legal Issues

  1. 1 ['Whether the applicant has established a prima facie case for final relief for patent infringement' "Whether threatened PBS listing of the respondent’s generic pharmaceutical products constitutes threatened infringement of claims 14 and 15 of the applicant's patent" 'Whether balance of convenience favours grant of interim injunctive relief' 'Whether the applicant’s claims are vulnerable to challenge on validity grounds (novelty, fair basis, utility)']

Ratio Decidendi

The applicant has established a prima facie case for threatened infringement of claims 14 and 15 of its patent, the respondent's arguments on invalidity are not, on the present evidence, strong enough to displace that prima facie case, and the balance of convenience favours the grant of an interim injunction restraining the respondent from infringing activity until trial, subject to undertakings by the applicant.

Court Disposition

Interim injunction granted pending determination of the proceeding or further order.

Orders

  • ['Respondent restrained from, without the applicant’s authority: making, importing, selling, supplying, offering to sell or supply, using or exploiting, keeping for purpose of exploitation, authorising, procuring, inducing, joining in common design with respect to Mylan products, or continuing to provide any...