Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2)

Case [2011] FCAFC 143

FEDERAL COURT OF AUSTRALIA

Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2) [2011] FCAFC 143

Citation: Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2) [2011] FCAFC 143
Appeal from: Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2010] FCA 1211
Parties:

SIGMA PHARMACEUTICALS (AUSTRALIA) PTY LIMITED ACN 004 118 594 v WYETH AND WYETH AUSTRALIA PTY LIMITED ACN 000 296 211

ALPHAPHARM PTY LIMITED ACN 002 359 739
v WYETH AND WYETH AUSTRALIA PTY LIMITED ACN 000 296 211

GENERIC HEALTH PTY LTD ACN 110 617 859
v WYETH AND WYETH AUSTRALIA PTY LIMITED ACN 000 296 211
File numbers: NSD 1533 of 2010
NSD 1603 of 2010
NSD 1644 of 2010
Judges: BENNETT, NICHOLAS AND YATES JJ
Date of judgment: 11 November 2011
Date of hearing: Determined on the papers
Date of last submissions: 8 November 2011
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 4
Counsel for the First Appellant: Mr D Shavin QC with Ms H Rofe
Solicitor for the First Appellant: Griffith Hack
Counsel for the Second Appellant: Mr P Flynn
Solicitor for the Second Appellant: Mallesons Stephen Jaques
Counsel for the Third Appellant: Ms A Bowne SC
Solicitor for the Third Appellant: Middletons
Counsel for the Respondents: Mr C Dimitriadis
Solicitor for the Respondents: Jones Day

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 1533 of 2010
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:

SIGMA PHARMACEUTICALS (AUSTRALIA) PTY LTD ACN 004 118 594
Appellant
AND:

WYETH
First Respondent

WYETH AUSTRALIA PTY LIMITED ACN 000 296 211
Second Respondent

JUDGES:

BENNETT, NICHOLAS AND YATES JJ

DATE OF ORDER:

11 NOVEMBER 2011

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be allowed.

2.Order 7 of the orders of Justice Jagot made on 8 November 2010 be set aside.

3.The appeal be listed for further hearing in relation to all other outstanding issues at 9.00 am on 23 November 2011.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 1603 of 2010
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:

ALPHAPHARM PTY LIMITED ACN 002 359 739
Appellant
AND:

WYETH
First Respondent

WYETH AUSTRALIA PTY LIMITED ACN 000 296 211
Second Respondent

JUDGES:

BENNETT, NICHOLAS AND YATES JJ

DATE OF ORDER:

11 NOVEMBER 2011

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be allowed.

2.Order 7 of the orders of Justice Jagot made on 8 November 2010 be set aside.

3.The appeal be listed for further hearing in relation to all other outstanding issues at 9.00 am on 23 November 2011.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 1644 of 2010
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:

GENERIC HEALTH PTY LTD ACN 110 617 859
Appellant
AND:

WYETH
First Respondent

WYETH AUSTRALIA PTY LIMITED ACN 000 296 211
Second Respondent

JUDGES:

BENNETT, NICHOLAS AND YATES JJ

DATE OF ORDER:

11 NOVEMBER 2011

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appeal be allowed.

2.Order 7 of the orders of Justice Jagot made on 8 November 2010 be set aside.

3.The appeal be listed for further hearing in relation to all other outstanding issues at 9.00 am on 23 November 2011.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011


IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 1533 of 2010
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:

SIGMA PHARMACEUTICALS (AUSTRALIA) PTY LTD ACN 004 118 594
Appellant
AND:

WYETH
First Respondent

WYETH AUSTRALIA PTY LIMITED ACN 000 296 211
Second Respondent

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 1603 of 2010
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:

ALPHAPHARM PTY LIMITED ACN 002 359 739
Appellant
AND:

WYETH
First Respondent

WYETH AUSTRALIA PTY LIMITED ACN 000 296 211
Second Respondent

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

NSD 1644 of 2010
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:

GENERIC HEALTH PTY LTD ACN 110 617 859
Appellant
AND:

WYETH
First Respondent

WYETH AUSTRALIA PTY LIMITED ACN 000 296 211
Second Respondent

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.

Associate:
Dated:        11 November 2011

Details
AGLC
Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2) [2011] FCAFC 143
Case
[2011] FCAFC 143
Decision Date

CaseChat Overview and Summary

In the case of Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2), the dispute involved a pharmaceutical company, Sigma Pharmaceuticals, suing Wyeth, a pharmaceutical manufacturer, over patent infringement and related claims. The Federal Court of Australia was tasked with determining the appeal brought by Wyeth against a previous decision that favoured Sigma. The matter was significant due to the implications it had on the interpretation of patent law in Australia, particularly regarding the scope of patent claims and the infringement thereof.

The primary legal issues before the court were the interpretation of certain patent claims made by Wyeth and whether Sigma's products infringed upon these claims. The court had to examine the technical specifications of the patents and the corresponding products of Sigma to ascertain if there was a literal infringement or if the doctrine of equivalents applied. Additionally, the court considered whether Sigma's activities constituted indirect infringement, and if there was any justification for the relief sought by Sigma under the principles of patent law.

The court found that the earlier decision contained errors in the interpretation of the patent claims and the application of the law to the facts. It held that the specific claims of Wyeth's patent were not as broad as previously interpreted, and thus, Sigma's products did not infringe upon those claims. The court also ruled that the relief sought by Sigma was not justified based on the current state of the law and the findings on the patent claims. Consequently, the appeal was allowed, and certain orders made by the lower court were set aside. The court scheduled a further hearing to address the remaining issues between the parties.

Orders

Orders of the court

1. The appeal be allowed.

2. Order 7 of the orders of Justice Jagot made on 8 November 2010 be set aside.

3. The appeal be listed for further hearing in relation to all other outstanding issues at 9.00 am on 23 November 2011.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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