Apotex Pty Ltd v Warner-Lambert Company LLC [2014] FCA 843

Apotex Pty Ltd v Warner-Lambert Company LLC [2014] FCA 843

Subject to the provision of further and better particulars and reformulation of para 33 as ordered, leave is granted to file the amended pleadings. The amendments sufficiently inform the respondent of the case and identify types of pain alleged to be outside the claimed utility of the (S) enantiomer.

Jurisdiction
Australia
Judgment Date
05 August 2014
Procedural Posture
Patent Dispute / Application for Leave to Amend Pleadings; Interlocutory Orders
Outcome
Leave granted to file amended pleadings in both proceedings, subject to provision of particulars and reformulation as specified.
Legal Topics
['patent Invalidity' 'utility of Patent Claims' 'pleadings Amendment']
['intellectual Property Law'] ['patent Invalidity' 'utility of Patent Claims' 'pleadings Amendment']

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Procedural Posture

Patent Dispute / Application for Leave to Amend Pleadings; Interlocutory Orders

Legal Issues

  1. 1 ['Whether proposed amendments adequately inform respondent of case to be met' 'Whether specific patent claims are inutilized by alleged ineffectiveness of (S) enantiomer for pain treatment' 'Clarification of acute vs chronic pain and scope of inutility allegations' 'Adequacy of particulars regarding dosages']

Ratio Decidendi

Subject to the provision of further and better particulars and reformulation of para 33 as ordered, leave is granted to file the amended pleadings. The amendments sufficiently inform the respondent of the case and identify types of pain alleged to be outside the claimed utility of the (S) enantiomer.

Court Disposition

Leave granted to file amended pleadings in both proceedings, subject to provision of particulars and reformulation as specified.

Orders

  • ['Applicant to provide further and better particulars as referred to within 7 days.' 'Applicant to reformulate para 33 of the proposed Second Further Amended Statement of Claim to comply with previous procedural order.' 'Subject to compliance, applicant given leave to file Second Further Amended Statement of Claim...