Pfizer Ireland Pharmaceuticals v Eli Lilly & Co; Pfizer Ireland Pharmaceuticals v Bayer NZ Ltd

Potter J, High Court,  Auckland

CIV452/03 and CIV506/03, 21 November 2003

The defendants in both cases (which were heard together) had filed counterclaims objecting to the validity of two patents in respect of which the plaintiff had commenced infringement proceedings against the defendants.  The counterclaims were accompanied in each case by Particulars of Objection as required by Part XIA of the High Court Rules.  Pfizer filed a bare denial in response to both counterclaims.  The defendants each sought fully particularised responses.

Although Part XIA of the High Court Rules specifically require Particulars of Objection to Validity to be filed in invalidity claims, there is no express requirement for a patentee to specifically plead to such Particulars. 

The judge followed the decision of the Court of Appeal in Ancare NZ Limited v Ciba-Geigy NZ Limited (1997) 11 PRNZ 398 in holding that modern pleading practice demands a particularised response to Particulars of Objection.