Sandoz has triumphed in its appeal regarding the validity of two of Bayer’s Australian Xarelto® (rivaroxaban) patents. On 23 October 2024, the Full Court unanimously overturned Justice Rofe’s decision of 2 November 2023, holding that the two Bayer patents lack an inventive step in light of the common general knowledge taken together with a prior art patent specification. The parties have been given until 4 November to propose orders giving effect to the Full Court’s decision.

Barilla G. e R. Fratelli- Societa per Azioni (”Barilla Group”), owner of the famous BARILLA brand, unsuccessfully opposed an application to register the words “Barilla Dumpling” as a trade mark in respect of “Asian-style restaurant services” in New Zealand. This case demonstrates the necessity of accurate pleadings in trade mark opposition and revocation proceedings in New Zealand.