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South Africa: North Gauteng High Court, Pretoria
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[2022] ZAGPPHC 584
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Teva Pharmaceutical Industries Limited v Novartis AG (47958/2021) [2022] ZAGPPHC 584 (3 August 2022)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE
NO: 47958/2021
PATENT
NO: 2012/01678
REPORTABLE:
NO
OF
INTEREST TO OTHER JUDGES: NO
REVISED
3
August 2022
In
the matter between:
TEVA
PHARMACEUTICAL INDUSTRIES
LIMITED Opponent/Applicant
and
NOVARTIS
AG
Patentee/Respondent
JUDGMENT
RAULINGA
J
1.
This matter was
called before me on 30 May 2022, and by agreement between the parties
was rolled over to 1 June 2022.
2.
On 1 June 2022 after
hearing argument by counsel for the parties, judgment was reserved.
3.
The applicant sought
that issues be separated and adjudicated prior to any other issues in
dispute in the opposition.
4.
That the opposition
be stayed until the separated issues have been determined.
5.
Having perused the
papers and after hearing counsel for the parties, I make the
following order:
5.1
The application is dismissed with costs.
T.
J RAULINGA
JUDGE
OF THE HIGH COURT
Appearances
Applicant’s
Counsel
: ADV C Puckrin SC
:
ADV K Lles
Applicant’s
Attorneys
:
Webber Wentzel Attorneys
Respondent’s
Counsel
:
ADV G Marriott
Respondent’s
Attorney
:
Adams & Adams Attorney
Date
of hearing
: 01 June 2022
Date
of judgment
: 03 August 2022