Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2) [2011] FCAFC 143

Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2) [2011] FCAFC 143

The appeal in each matter is allowed and the injunctions granted by the primary judge are set aside; all other questions, including revocation of claims, damages, costs, and terms for any stay, are reserved for decision following a further hearing.

Jurisdiction
Australia
Judgment Date
11 November 2011
Procedural Posture
Appeal / Orders Following Reasons for Judgment
Outcome
Appeal allowed; injunctions set aside; further issues reserved for later hearing
Legal Topics
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Case Brief

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Procedural Posture

Appeal / Orders Following Reasons for Judgment

Legal Issues

  1. 1 []

Ratio Decidendi

The appeal in each matter is allowed and the injunctions granted by the primary judge are set aside; all other questions, including revocation of claims, damages, costs, and terms for any stay, are reserved for decision following a further hearing.

Court Disposition

Appeal allowed; injunctions set aside; further issues reserved for later hearing

Orders

  • ['The appeal be allowed.' 'Order 7 of the orders of Justice Jagot made on 8 November 2010 be set aside.' 'The appeal be listed for further hearing in relation to all other outstanding issues at 9.00 am on 23 November 2011.']