11 Nov 2011
INTERPHARMA (NZ) LTD V COMMISSIONER OF PATENTS HC AK CIV-2010-485-000506
- Citation
- openlaw-56177a89_f60f_4c65_926d_a2806e38b4c9.pdf
- Court
- High Court
The Court held the proceedings were Category 3 because they involved issues of significant commercial importance to the parties, unusual complexity arising from the interface of judicial review principles and the Patents Act (including a novel question of justiciability), and a public interest element; accordingly Band C and second counsel were appropriate and InterPharma was entitled to costs of $62,345.50 and disbursements of $8,319.69 (including 50% of experts' fees) against the second and third defendants, with no order for costs against the Commissioner.