F A Faulding & Co Ltd v Bristol-Myers Squibb Co Bristol-Myers Squibb Co v F A Faulding & Co Ltd [1997] FCA 1071

F A Faulding & Co Ltd v Bristol-Myers Squibb Co Bristol-Myers Squibb Co v F A Faulding & Co Ltd [1997] FCA 1071

The stay or adjournment was refused because it would indefinitely postpone ready-for-trial proceedings in favour of uncertain and hypothetical future litigation about a standard patent that might not be granted, while Faulding's asserted prejudice from uncertainty would exist in any event and BMS would suffer real prejudice by potentially losing the practical commercial value of the petty patents before their expiry.

Jurisdiction
Australia
Judgment Date
08 October 1997
Procedural Posture
Patent Proceedings Concerning Revocation and Alleged Infringement of Petty Patents / Notice of Motion Seeking Stay or Adjournment Until Determination of Pending Standard Patent Application
Outcome
Notice of Motion dismissed.
Legal Topics
['petty Patents' 'standard Patent Application' 'stay of Proceedings' 'adjournment' 'case Management' 'patent Infringement' 'patent Revocation' 'issue Estoppel' 'anshun Estoppel']
['patents' 'civil Procedure' 'courts and Judicial System'] ['petty Patents' 'standard Patent Application' 'stay of Proceedings' 'adjournment' 'case Management' 'patent Infringement' 'patent Revocation' 'issue Estoppel' 'anshun Estoppel']

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Procedural Posture

Patent Proceedings Concerning Revocation and Alleged Infringement of Petty Patents / Notice of Motion Seeking Stay or Adjournment Until Determination of Pending Standard Patent Application

Legal Issues

  1. 1 ["Whether the proceedings concerning petty patents should be stayed or adjourned until BMS's pending standard patent application is granted or refused." 'Whether proceeding to trial would cause undesirable multiplicity of proceedings if later litigation occurs concerning a standard patent.' 'Whether Faulding would suffer prejudice from uncertainty affecting commercial decisions if the proceedings continued.' 'Whether BMS would suffer real prejudice if trial were indefinitely postponed during the remaining term of the petty patents.']

Ratio Decidendi

The stay or adjournment was refused because it would indefinitely postpone ready-for-trial proceedings in favour of uncertain and hypothetical future litigation about a standard patent that might not be granted, while Faulding's asserted prejudice from uncertainty would exist in any event and BMS would suffer real prejudice by potentially losing the practical commercial value of the petty patents before their expiry.

Court Disposition

Notice of Motion dismissed.

Orders

  • ['The Notice of Motion dated 7 August 1997 is dismissed.' 'F A Faulding & Co Limited pay Bristol-Myers Squibb Company costs of the Notice of Motion in both matters.']