FEDERAL COURT OF AUSTRALIA
Gambro Pty Limited v Fresenius Medical Care Australia Pty Limited
[2004] FCA 323
CORRIGENDUM
GAMBRO PTY LIMITED AND ANOR v FRESENIUS MEDICAL CARE AUSTRALIA PTY LIMITED
NG 474 of 1997
ALLSOP J
25 MARCH 2004 (Corrigendum 2 June 2004)
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
NG 474 of 1997 |
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BETWEEN: |
GAMBRO PTY LIMITED FIRST APPLICANT SECOND CROSS-RESPONDENT
GAMBRO LUNDIA AB SECOND APPLICANT FIRST CROSS-RESPONDENT
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AND: |
FRESENIUS MEDICAL CARE AUSTRALIA PTY LIMITED RESPONDENT CROSS-CLAIMANT |
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ALLSOP J |
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DATE OF ORDER: |
25 MARCH 2004 |
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WHERE MADE: |
SYDNEY |
CORRIGENDUM
1. Paragraphs [436] & [437] and the heading appearing immediately above them appearing on page 124 of this judgment are recalled and withdrawn pursuant to the reasons of Allsop J dated 31 May 2004 in the same matter: (paragraph [8] of [2004] FCA 665). Page 124 of the judgment should now read as Annexure 1 to this corrigendum.
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I certify that the preceding one (1) paragraph is a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justice Allsop. |
Associate:
Dated: 2 June 2004
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expertise. |
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Para 10 second sentence |
I reject the sentence as being beyond his expertise and personal knowledge. |
436. Recalled and withdrawn.
437. Recalled and withdrawn.
Affidavit of Terrence James West 13 November 2001
438. It follows that I would reject the whole of Mr West’s evidence in this and later affidavits to the extent that he seeks to interpret the Patent or give evidence as to the relevant worker in the field.
439. I would make the same conclusion as to Ms Yuill’s evidence.
440. It should be noted however, that the evidence of Mr West and Ms Yuill was of invaluable assistance in understanding the nature of the procedures undertaken leading up to the Priority Date and the practical day to day aspects of dialysis and related procedures.
