Commonwealth of Australia v. Sanofi (formerly Sanofi-Aventis) & Ors
Case No.
S169/2023
Case Information
Lower Court Judgment
26/06/2023 Federal Court of Australia (Besanko J, Perram J, Yates J)
Catchwords
Damages – Patent litigation – Compensation for loss flowing from interlocutory injunction – Where respondent held patent for clopidogrel – Where interlocutory injunction obtained restraining generic supplier from entering market – Where generic supplier undertook not to seek Pharmaceutical Benefits Scheme (“PBS”) listing – Where respondent undertook to compensate persons adversely affected by injunction – Where respondent's patent subsequently found invalid – Where Commonwealth sought recovery of additional subsidies provided to respondent due to non-listing of generic clopidogrel – Where primary judge dismissed Commonwealth's application, and Full Court dismissed appeal by Commonwealth – Whether Full Court erred in failing to hold Commonwealth’s evidential burden was to establish prima facie case that its loss flowed directly from interlocutory injunction with evidential burden shifted to respondents to establish that generic supplier would not have sought listing on PBS even if not enjoined – Whether Full Court erred in failing to hold Commonwealth discharged its evidential burden but respondents did not – Whether Full Court erred in failing to find, by inference from evidence, that in absence of interlocutory injunction, it was likely that Dr Sherman would have reconfirmed plan to seek PBS listing.
Documents*
18/12/2023 Hearing (SLA, Canberra)
21/12/2023 Notice of appeal
15/04/2024 Written submissions (Appellant)
15/04/2024 Chronology (Appellant)
24/05/2024 Written submissions (Respondents)
14/06/2024 Reply
*The due dates shown for documents on this page are indicative only.