Douglas Pharmaceuticals Ltd v Ciba-Geigy AG - [1990] 2 NZLR 46

Patents — Extension — Inadequate remuneration — Exceptional case — Diclofenac sodium (sold as Voltaren) — Meritorious anti-inflammatory drug — Application for patent was filed in 1966 but, because of regulator delays, it was not brought effectively on to the market until December 1982, by which time the patent had expired — Whether, when applying for an extension, patentee must disclose manufacturing profits and foreign profits from the invention — Whether accounts based on notional royalties were acceptable — Whether regulatory delays, loss suffered by patentee in New Zealand and merit of the invention made it an exceptional case justifying 10 year extension — Whether condition should be imposed on extension to protect commercial opponent from proceedings for infringement — Patents Act 1953, s 31.