Novartis AG v Pharmacor Pty Limited (No 2) [2023] FCA 963

Novartis AG v Pharmacor Pty Limited (No 2) [2023] FCA 963

Separate determination of the proposed question is not justified in the interests of justice and efficiency because the trial is adequately prepared, clarification has reduced potential waste, and hearing the issue at trial is preferable. The interlocutory applications are dismissed accordingly.

Jurisdiction
Australia
Judgment Date
16 August 2023
Procedural Posture
Interlocutory Application in Patent Infringement Proceeding / Interlocutory Determination Prior to Main Trial
Outcome
Both interlocutory applications dismissed; costs of first interlocutory application to respondent; no order as to costs for second interlocutory application.
Legal Topics
['patents' 'practice and Procedure' 'disclosure of Best Method' 'interlocutory Applications' 'separate Question' 'discovery' 'costs']
['intellectual Property'] ['patents' 'practice and Procedure' 'disclosure of Best Method' 'interlocutory Applications' 'separate Question' 'discovery' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application in Patent Infringement Proceeding / Interlocutory Determination Prior to Main Trial

Legal Issues

  1. 1 ['Whether the court should order a separate hearing of the question regarding the relevant date for knowledge of the best method under s 40(2)(a) of the Patents Act 1990 (Cth)' 'Costs of an interlocutory application no longer pressed']

Ratio Decidendi

Separate determination of the proposed question is not justified in the interests of justice and efficiency because the trial is adequately prepared, clarification has reduced potential waste, and hearing the issue at trial is preferable. The interlocutory applications are dismissed accordingly.

Court Disposition

Both interlocutory applications dismissed; costs of first interlocutory application to respondent; no order as to costs for second interlocutory application.

Orders

  • ['The amended interlocutory application filed by the applicants (the first interlocutory application) is dismissed.' "The applicants pay the respondent's costs of the first interlocutory application." 'The interlocutory application filed by the respondent (the second interlocutory application) is dismissed.' 'There...