Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd

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Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd

[2023] HCA 8

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Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd

[2023] HCA 8

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, EDELMAN AND GLEESON JJSELF CARE IP HOLDINGS PTY LTD & ANOR                  APPELLANTSANDALLERGAN AUSTRALIA PTY LTD & ANOR                RESPONDENTSSelf Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd[2023] HCA 8Dates of Hearing: 13 October & 14 December 2022Date of Judgment: 15 March 2023S79/2022 & S80/2022ORDERIn Matter No S79 of 2022:1. The appeal be allowed with costs.2.Orders 2 to 6 of the orders made by the Full Court of the Federal Court of Australia on 7 September 2021 and the declarations and orders made by the Full Court of the Federal Court of Australia on 13 October 2021 in proceeding NSD 35 of 2021 be set aside and, in their place, order that the appeal be dismissed with costs.In Matter No S80 of 2022:1. The appeal be allowed with costs.2. The orders made by the Full Court of the Federal Court of Australia on 7 September 2021 in proceeding NSD 249 of 2021 be set aside and, in their place, order that the appeal be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationA J L Bannon SC with A R Lang SC for the appellants in each matter (instructed by Gilbert + Tobin)J T Gleeson SC with H P T Bevan SC and K I H Lindeman for the respondents in each matter (instructed by Griffith Hack Lawyers)J M Beaumont SC with G R Rubagotti, appearing as amicus curiae (at the hearing on 14 December 2022)Notice:  This copy of the Court's Reasons for...

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Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd

[2023] HCA 8

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER, GORDON, EDELMAN AND GLEESON JJSELF CARE IP HOLDINGS PTY LTD & ANOR                  APPELLANTSANDALLERGAN AUSTRALIA PTY LTD & ANOR                RESPONDENTSSelf Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd[2023] HCA 8Dates of Hearing: 13 October & 14 December 2022Date of Judgment: 15 March 2023S79/2022 & S80/2022ORDERIn Matter No S79 of 2022:1. The appeal be allowed with costs.2.Orders 2 to 6 of the orders made by the Full Court of the Federal Court of Australia on 7 September 2021 and the declarations and orders made by the Full Court of the Federal Court of Australia on 13 October 2021 in proceeding NSD 35 of 2021 be set aside and, in their place, order that the appeal be dismissed with costs.In Matter No S80 of 2022:1. The appeal be allowed with costs.2. The orders made by the Full Court of the Federal Court of Australia on 7 September 2021 in proceeding NSD 249 of 2021 be set aside and, in their place, order that the appeal be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationA J L Bannon SC with A R Lang SC for the appellants in each matter (instructed by Gilbert + Tobin)J T Gleeson SC with H P T Bevan SC and K I H Lindeman for the respondents in each matter (instructed by Griffith Hack Lawyers)J M Beaumont SC with G R Rubagotti, appearing as amicus curiae (at the hearing on 14 December 2022)Notice:  This copy of the Court's Reasons for...