FEDERAL COURT OF AUSTRALIA
DSM Nutritional Products, LLC v Suntory Holdings Limited [2013] FCA 474
Citation: | DSM Nutritional Products, LLC v Suntory Holdings Limited [2013] FCA 474 | |
Parties: | ||
File number: | VID 1029 of 2012 | |
Judge: | NORTH J | |
Date of judgment: | ||
Corrigendum: | 23 May 2013 | |
Place: | Melbourne | |
Division: | GENERAL DIVISION | |
Category: | No catchwords | |
Number of paragraphs: | ||
Solicitor for the Applicant: | Allens | |
Counsel for the Respondent: | Ms K Howard SC with Mr T Cordiner | |
Counsel for the Respondent: | Griffith Hack Lawyers | |
FEDERAL COURT OF AUSTRALIA
DSM Nutritional Products, LLC v Suntory Holdings Limited [2013] FCA 474
CORRIGENDUM
1. The orders of the Court should read:
1. The application made by DSM Nutritional Products, LLC for discovery of Suntory Holding Limited’s research and development documents is refused.
2. Any affidavit to be relied upon by DSM Nutritional Products, LLC in the appeal be filed and served by 30 September 2013.
3. The directions hearing is adjourned to 10.15 am on 7 October 2013.
4. The application by DSM Nutritional Products, LLC for a stay is adjourned to 10.14 am on 7 October 2013.
5. DMS Nutritional Products, LLC to pay Suntory Holding Limited’s costs of the application for discovery.
I certify that the preceding one (1) numbered paragraphs are a true copy of the Corrigendum of the Reasons for Judgment herein of the Honourable Justice North. |
Associate:
Dated: 23 May 2013
IN THE FEDERAL COURT OF AUSTRALIA | |
| Applicant | |
AND: | Respondent |
DATE OF ORDER: | |
WHERE MADE: |
THE COURT ORDERS THAT:
1. The application made by DSM Nutritional Products, LLC for discovery of Suntory Holding Limited’s research and development documents is refused.
2. DMS Nutritional Products, LLC pay Suntory Holding Limited’s costs of the application for discovery.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
VICTORIA DISTRICT REGISTRY | |
GENERAL DIVISION | VID 1029 of 2012 |
BETWEEN: | DSM NUTRITIONAL PRODUCTS, LLC Applicant
|
AND: | SUNTORY HOLDINGS LIMITED Respondent
|
JUDGE: | NORTH J |
DATE: | 7 MAY 2013 |
PLACE: | MELBOURNE |
REASONS FOR JUDGMENT
1 The amended application filed on 8 April 2013 by the applicant, DSM Nutritional Products, LLC for discovery of the research and development documents of the respondent Suntory Holding Limited should be refused with costs.
2 The research and development documents of the respondent are at best of secondary relevance to the issues in the proceeding. The documents do not address the common general knowledge in Australia but at best address knowledge in Japan. They have not been sought previously in the detailed proceedings before the Commissioner of Patents. Further, it would be disproportionate to order such discovery in view of the evidence of the difficulties of procuring those documents, which evidence I accept.
I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice North. |
Associate:
