H Lundbeck A/S v Sandoz Pty Ltd [2023] FCA 740

H Lundbeck A/S v Sandoz Pty Ltd [2023] FCA 740

The remitted proceeding for damages and pre-judgment interest should be stayed pending the final determination of the Administrative Appeals Tribunal review of the Commissioner's grant of a patent licence, since difficult legal questions concerning the effect and scope of the licence remain, and resolution of the Tribunal review may obviate the need to address these matters.

Jurisdiction
Australia
Judgment Date
04 July 2023
Procedural Posture
Patent Litigation Interlocutory Application / Application for Stay of Remitted Proceeding Pending Determination of Tribunal Review
Outcome
Application for stay granted.
Legal Topics
['patents' 'practice and Procedure' 'stay of Proceedings' 'damages Recalculation' 'statutory Licence Review']
['intellectual Property'] ['patents' 'practice and Procedure' 'stay of Proceedings' 'damages Recalculation' 'statutory Licence Review']

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Procedural Posture

Patent Litigation Interlocutory Application / Application for Stay of Remitted Proceeding Pending Determination of Tribunal Review

Legal Issues

  1. 1 ['Whether a stay of the remitted proceeding should be granted pending final determination of the Administrative Appeals Tribunal review of the patent licence' 'Whether the entitlement to damages and pre-judgment interest requires determination prior to resolution of the licence review' 'The scope and effect of a statutory licence granted under s 223(9) of the Patents Act on damages']

Ratio Decidendi

The remitted proceeding for damages and pre-judgment interest should be stayed pending the final determination of the Administrative Appeals Tribunal review of the Commissioner's grant of a patent licence, since difficult legal questions concerning the effect and scope of the licence remain, and resolution of the Tribunal review may obviate the need to address these matters.

Court Disposition

Application for stay granted.

Orders

  • ['The proceeding be stayed pending the final determination of the Administrative Appeals Tribunal review case AAT2019/2512, including all appeals and special leave applications.' "The applicants pay the respondent's costs of and incidental to the interlocutory application dated 23 August 2022."]