Full Court Minute Books

Case S97/2014

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)

[2013] FCAFC 129

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.

Short Particulars

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)