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The Federal Court refused leave for contested reply expert evidence in a patent damages motion, finding it went beyond proper reply and amounted to case-splitting.
The Federal Court granted Merck leave to file reply expert reports and a rebuttal opinion in a patent impeachment action over pneumococcal vaccine patents.
The court held that a second expert report could not be filed as a substantially identical recasting with stylistic revisions, but genuine reply portions were admissible.
The court excluded a defence neuropsychology report on MMPI-2 testing, finding it targeted credibility, lacked proper foundation, and was unnecessary under Mohan.
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