Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1603 of 2010

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1644 of 2010

JUDGES: BENNETT, NICHOLAS AND YATES JJ DATE: 11 NOVEMBER 2011 PLACE: SYDNEY

REASONS FOR JUDGMENT THE COURT: 1 Pursuant to orders made on 28 October 2011 the parties have filed written submissions in relation to the orders that they contend should be made in light of the reasons for judgment delivered in this matter (Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2011] FCAFC 132). Most of the matters the subject of those submissions are straightforward and would ordinarily be dealt without any further oral argument. However, a number of the points raised in the submissions are out of the ordinary and it is appropriate that there be a further hearing of short duration to give the parties the opportunity they seek to develop their written submissions orally. 2 In its written submissions Wyeth also sought the opportunity to file affidavit evidence, though it did not identify the nature of that evidence or to what issue it would be directed. In the circumstances, we are not disposed to permit the filing of any affidavit evidence. 3 The orders we propose to make today will allow the appeal in each matter and set aside the injunctions granted by the primary judge. All other questions concerning orders for the revocation of claims, inquiries as to damages and costs as well as the terms to be imposed in connection with any stay of orders for revocation will be decided following the further hearing. 4 There will be orders accordingly. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Bennett, Nicholas and Yates.