Pfizer Ireland Pharmaceuticals v Samsung Bioepis Au Pty Ltd [2017] FCA 573

Pfizer Ireland Pharmaceuticals v Samsung Bioepis Au Pty Ltd [2017] FCA 573

The court granted the extension of time due to the modest delay, absence of prejudice, reasonable explanation provided by the applicants, and the reasonably arguable merits of the proposed appeal.

Parties
Applicant: Pfizer Ireland Pharmaceuticals; Applicant: Wyeth LLC; Applicant: Pfizer Australia Pty Ltd; Respondent: Samsung Bioepis AU Pty Ltd
Jurisdiction
Australia
Judgment Date
24 May 2017
Procedural Posture
Application for Extension of Time to Apply for Leave to Appeal / Application for Extension of Time Following Dismissal of Preliminary Discovery Application
Outcome
Extension of time granted
Legal Topics
Extension of Time, Leave to Appeal, Preliminary Discovery
Practice and Procedure Intellectual Property Extension of Time Leave to Appeal Preliminary Discovery

Case Brief

Summary, issues, holding and outcome

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Parties

Pfizer Ireland Pharmaceuticals

Applicant

Wyeth LLC

Applicant

Pfizer Australia Pty Ltd

Applicant

Samsung Bioepis AU Pty Ltd

Respondent

Procedural Posture

Application for Extension of Time to Apply for Leave to Appeal / Application for Extension of Time Following Dismissal of Preliminary Discovery Application

Legal Issues

  1. 1 Whether extension of time to apply for leave to appeal should be granted
  2. 2 Whether delay in filing application is sufficiently explained

Ratio Decidendi

The court granted the extension of time due to the modest delay, absence of prejudice, reasonable explanation provided by the applicants, and the reasonably arguable merits of the proposed appeal.

Court Disposition

Extension of time granted

Orders

  • The time for the applicants to file an application for leave to appeal be extended to 10 April 2017.
  • The costs of the applicants' application for an extension of time be costs in the application for leave to appeal or, if leave to appeal is granted, in the appeal.