Last year, we reported on Sandoz’ victory in its appeal regarding the validity of two of Bayer’s Australian Xarelto® (rivaroxaban) patents…
The End of the Road: High Court refuses Bayer’s Rivaroxaban Patents Special Leave Application
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Opposition Succeeds as Claimed Polymorph No Different to Prior Art, Based On ‘Gold Standard’ Comparison
In October 2024, Delegate C. Mitchell of the Australian Patent Office upheld a decision to reject AFT Pharmaceuticals’ (AFT) drug combination patent applications – AU2022201576 (’576) and its divisional child
The Right Dose: Opposition to Janssen’s Dosing Regimen Patent Amendments Denied
In a split 3:2 decision, Gordon A-CJ, Edelman and Steward JJ of the High Court (the Majority) has dismissed the Commonwealth’s appeal in which the Commonwealth sought to overturn the decision of Justice Nicholas
Cold Comfort: AFT’s Cold and Flu Combination Medicine Patent Applications Found Obvious
In October 2024, Delegate C. Mitchell of the Australian Patent Office upheld a decision to reject AFT Pharmaceuticals’ (AFT) drug combination patent applications – AU2022201576 (’576) and its divisional child
High Court Ends 14-Year Clopidogrel Dispute: Commonwealth’s Claim for Damages Dismissed in 3:2 Split Decision
In a split 3:2 decision, Gordon A-CJ, Edelman and Steward JJ of the High Court (the Majority) has dismissed the Commonwealth’s appeal in which the Commonwealth sought to overturn the decision of Justice Nicholas
Out to Pasture: Delayed Injunction Application Fails in Veterinary Patent Battle
Justice Jackman of the Federal Court has refused to grant Virbac (Australia) Pty Ltd (Virbac) an interlocutory injunction to restrain Abbey Laboratories Pty Ltd (Abbey) from launching a generic version of Virbac’s Cydectic Platinum, used to treat and control parasites in beef and dairy cattle. Justice Jackman’s decision confirms the importance of not delaying when seeking injunctive relief, while also highlighting the relative difficulties faced by each party to quantify its potential losses.
Permit Required: Full Court Denies Access to Costs Appeal in Carpark Patent Saga
The Full Federal Court has refused leave to appeal from costs orders made following the successful appeal in the long-running dispute between Vehicle Monitoring Systems (VMS), and SARB Management Group (SARB) and the City of Melbourne (CoM), over parking sensor technology.
Persistence Doesn’t Pay: Federal Court Calls Time on Decade-Long Patent Amendment Battle
In a comprehensive Federal Court judgment, Justice Perram has ruled that pharmaceutical formulations can constitute a “pharmaceutical substance per se” under the Patents Act 1990 (Cth), dismissing Cipla’s
Excipients Welcome: Federal Court Upholds Formulation Patent Extensions
In a comprehensive Federal Court judgment, Justice Perram has ruled that pharmaceutical formulations can constitute a “pharmaceutical substance per se” under the Patents Act 1990 (Cth), dismissing Cipla’s
Whole Hog or Nothing: Federal Court Reinforces Best Method Obligations in Pig Vaccine Patent
The Full Court of the Federal Court of Australia has dismissed Zoetis Services LLC’s (Zoetis) appeal against Justice Rofe’s two decisions upholding Boehringer Ingelheim Animal Health USA’s (Boehringer) opposition to the grant of three patent applications relating to pig vaccines. We reported on Justice Downes’ two decisions
Three’s a Crowd: Federal Court Massages Out LELO’s Extra Expert
In a recent development in the ongoing patent dispute between EIS GmbH (EIS) and LELO Oceania Pty LTD and LELOiAB (LELO), Justice Downes of the Federal Court has ruled on the participation of an expert witness
Return to Sender: Federal Court Rules ‘Last Mile Logistics’ System Unpatentable
In a recent Federal Court decision, Justice Rofe has dismissed an appeal by Dei Gratia Pty Ltd (Dei Gratia) against the Commissioner of Patents’ (the Commissioner) refusal to grant its patent application…
No Stay, No Delay: Federal Court Pushes Long-Running Litigation Forward Despite High Court Horizon
Justice Burley has handed down a decision in a long-running dispute between Otsuka Pharmaceutical Co., Ltd (Otsuka) and Generic Health Pty Ltd (Generic Health), refusing to grant a stay of proceedings pending the delivery of judgment by the High Court in Commonwealth of Australia v Sanofi & Ors (Sanofi).
Med Tech Giant Handed Largest Penalty Ever Given Under the Therapeutic Goods Act
On 19 September 2024, the Federal Court of Australia delivered judgment ordering Medtronic Australasia Pty Ltd (Medtronic) to pay $22 million in penalties following proceedings bought by the Department of Health in August 2021…
Salt in the Wound: Federal Court Dissolves Novartis’ Patent Claims and Takes Aim at Hypothetical Tasks
On 13 November 2024, Justice Yates of the Federal Court of Australia delivered his decision in the dispute between Novartis AG and Novartis Pharmaceuticals Australia Pty Limited (together, Novartis) and Pharmacor Pty Limited (Pharmacor) regarding patent AU2003206738 entitled “Pharmaceutical compositions comprising valsartan and NEP inhibitors” (the Patent).
Lundbeck-Sandoz Saga Continues: Federal Court Determines Historical Licence Scope in Long-Running Patent Litigation
Justice Jackman has delivered the latest decision in the long-running dispute between Lundbeck and Sandoz regarding Lundbeck’s Australian Patent AU1989036295 for the “(+)-enantiomer of citalopram and process for the preparation thereof”.