Orion Corporation v Actavis Pty Ltd

REASONS FOR JUDGMENT 1 Following the publication of my reasons on the substantive issues on 21 August 2015 (Orion Corporation v Actavis Pty Ltd [2015] FCA 909), Actavis requested that I provide detailed confidential reasons for my conclusion that it had infringed claim 17 of the patent. I had invited any party to make such a request in my reasons at [136]. 2 I found that the method the subject of claim 17 does not involve an integer requiring the absence of the distinguishing aspect on which Actavis had relied to negate a finding of infringement. I concluded that the additional integers in Actavis' method do not make a new working of the combination of integers in claim 17 so as to make it non-infringing (see [136], [146]-[147]). 3 I will annex to these reasons a confidential set of reasons for these conclusions, so as to continue the protection of the trade secret the subject of Actavis' method. I certify that the preceding three (3) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Rares.

Associate: Dated: 16 September 2015 SCHEDULE NSD 2456 of 2013 BETWEEN: ORION CORPORATION First Applicant NOVARTIS PHARMA AG Second Applicant NOVARTIS PHARMACEUTICALS (AUSTRALIA) PTY LTD ACN 004 244 160 Third Applicant ACTAVIS PTY LTD ACN 003 854 626 First Cross-Claimant MEDIS PHARMA PTY LTD ACN 109 225 747 Second Cross-Claimant AND: ACTAVIS PTY LTD ACN 003 854 626 First Respondent MEDIS PHARMA PTY LTD ACN 109 225 747 Second Respondent ORION CORPORATION First Cross-Respondent NOVARTIS PHARMA AG Second Cross-Respondent NOVARTIS PHARMACEUTICALS (AUSTRALIA) PTY LTD ACN 004 244 160 Third Cross-Respondent