Sandoz Pty Ltd v H. Lundbeck A/S

[2020] FCAFC 133

Full Court of the Federal Court

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Interrogate

Catchwords

1. Contracts
1. proper construction of settlement agreement compromising patent proceedings
1. effect of clause granting appellant licence to exploit patent prior to its expiry
1. consideration of surrounding circumstances known to the three parties to settlement agreement and commercial purpose or objects of transaction

Quick Take

Exclusive licensees cannot commence infringement proceedings under s 79 for acts done between patent expiry and grant of extension of term; only the patentee has standing. Pre-judgment interest under s 51A(1) cannot be awarded for periods before the extension of term is granted.