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Chantal Savage

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Full Court Clarifies and Recalibrates the Obviousness Test for “Pre-Raising the Bar” Patents

Full Court Clarifies and Recalibrates the Obviousness Test for “Pre-Raising the Bar” Patents

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.

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