Sirtex awarded $2.6m damages in UWA case

Sirtex Medical has been awarded $2.6 million in its damages claim against former University of WA scientist Bruce Gray.

The final damages in the long-running intellectual property case were awarded in the Federal Court this week.

UWA had claimed that it had rightful ownership of Sirtex's cancer treatment technology which was developed by Dr Gray during his employment with the university.

The technology is currently being commercialised by Sirtex Medical, a company Dr Gray founded.

In April 2008, the Federal Court dismissed the claims by UWA against Sirtex and Dr Gray.

In a statement, Sirtex said it had incurred $5.5 million in legal costs and expenses in relation to proceedings involving UWA and Dr Gray.

In November 2009, Sirtex settled its claim for costs against UWA and received $3.25 million.

Sirtex sought the balance of costs not recovered from UWA from Dr Gray.

Yesterday, Federal Court Justice Michael Barker ordered Dr Gray to pay Sirtex a total sum of $2,575,185.83 (including interest on Sirtex's damages) and in addition, Sirtex's costs of this aspect of the UWA proceedings.

Dr Gray has until 22 July 2010 to file an appeal.

In another related case its know Dr Gray legal costs came to $4.8 million.