Alphapharm Pty Ltd v. H Lundbeck A/S & Ors
Case No.
S97/2014
Case Information
Lower Court Judgment
18/11/2013 Federal Court of Australia (Jessup, Jagot & Yates JJ)
Catchwords
Patents - Patents Act 1990 (Cth) ("Act"), s 223(2)(a) - First respondent patentee applied to Commissioner of Patents to extend term of its patent under s 70(1) of Act - Commissioner of Patents granted extension of term - Extension of term later revoked and removed from Register according to orders of Full Federal Court - First respondent applied to Commissioner of Patents for extension of time within which to file second application to extend term of patent - Commissioner of Patents granted extension of time - Decision appealed to Administrative Appeals Tribunal ("AAT") which affirmed Commissioner's decision to grant extension of time - Whether s 223(2)(a) of Act conferred power on Commissioner of Patents to extend time for seeking an extension of term of patent under s 70(1) of Act - Whether exercise of discretion to extend time was manifestly unreasonable in circumstances where the applicant for extension failed to apply promptly for extension - Whether appellant had to demonstrate significant and specific prejudice or hardship to disentitle first respondent to extension - Whether AAT failed to take into account relevant considerations and took into account irrelevant considerations.
Documents
11/04/2014 Hearing (SLA, Sydney)
24/04/2014 Notice of appeal
01/05/2014 Submitting appearance (Second Respondent)
05/05/2014 Submitting appearance (Third Respondent)
05/05/2014 Submitting appearance (Fifth Respondent)
16/05/2014 Written submissions (Appellant)
16/05/2014 Chronology (Appellant)
06/06/2014 Written submissions (First Respondent)
13/06/2014 Written submissions (The Institute of Patent and Trade Mark Attorneys seeking leave to intervene)
20/06/2014 Reply
01/08/2014 Written submissions (Generic Medicines Industry Association seeking leave to intervene)
08/08/2014 Hearing (Full Court, Canberra) (Audio-visual recording)
05/11/2014 Judgment (Judgment summary)