28 Aug 2013
MERIAL LIMITED v BAYER NZ LTD [2013] NZHC 2197
- Citation
- [2013] NZHC 2197
- Court
- High Court
The fourth cause of action was struck out because it sought to invoke the High Court's original jurisdiction to determine entitlement, novelty and inventive step in respect of a patent application where the Patents Act provides a comprehensive statutory scheme (opposition to the Commissioner and revocation proceedings) for those issues; permitting the claim would be an abuse of process and a strike out is the appropriate remedy.