Lundbeck AS v Commissioner of Patents (2019) FCA 535

Patent – judicial review – applicant sought release from undertaking given to Court for purpose of pursuit of appeal from declarations there had been “ceasing” of patent – respondent sought dismissal of application – whether ‘sufficient change in circumstances’ to warrant release from undertaking – whether unjust to refuse release from undertaking – whether ‘possibility of an estoppel’ or res judicata if undertaking maintained – s223(9) Patents Act 1990 (Cth) – held: application dismissed.
H Lundbeck