Patent Case Summaries Archives | Page 6 of 14

Erroneous understanding of Australian law not an error qualifying for an extension of time

by Naomi Pearce | Dec 21, 2023 | Blog, Patent Case Summaries

Bioverativ Therapeutics Inc [2023] APO 64 Date: Venue: Delegate: 14 December 2023 Australian Patent Office Felix White Highlight In this unappealed Patent Office decision, an application for an extension of time to file a divisional application of a pharmaceutical...

LAA under water – the great cost of commercialising before filing a patent application

by Naomi Pearce | Dec 1, 2023 | Blog, Patent Case Summaries

Allied Pumps Pty Ltd v LAA Industries Pty Ltd [2023] FCA 1457 Date: Court: Judge: 24 November 2023 Federal Court of Australia Downes J Highlight A customer’s trial of an electric submersible pump before the supplier filed its innovation patent has resulted in the...

“Essence or Core” of an invention – Full Court adds non-statutory element to sufficiency in first appellate decision post-RTB

by Naomi Pearce | Nov 20, 2023 | Blog, Patent Case Summaries

Jusand Nominees Pty Ltd v Rattlejack Innovations Pty Ltd [2023] FCAFC 178 Date: Court: Judge: 13 November 2023 Full Court of the Federal Court of Australia Perram, Nicholas and McElwaine JJ (lead judgment written by Perram J, with whom Nicholas and McElwaine JJ...

Generics take Sandoz Rivaroxaban Loss to Heart – Bayer’s Rivaroxaban Patents Valid & Sandoz AU Launch Delayed by Injunction (Appeal Pending)

by Naomi Pearce | Nov 9, 2023 | Blog, Patent Case Summaries

Sandoz AG v Bayer Intellectual Property GmbH [2023] FCA 1321 Date: Court: Judge: 2 November 2023 Federal Court of Australia Rofe J Highlight Subject to appeal, two of Bayer’s Australian Xarelto® (rivaroxaban) patents were found valid (one also infringed), whilst the...

Advanta succeeds again in second extension of time application opposed by Nufarm

by Naomi Pearce, Chris Vindurampulle | Oct 12, 2023 | Blog, Patent Case Summaries

Nufarm Australia Ltd v Advanta Seeds Pty Ltd [2023] APO 51 Date: Venue: Delegate: 5 October 2023 Australian Patent Office Neil Miller Highlight In this unappealed Patent Office decision Advanta’s second application for extension of time to pay renewal fees (this time...

When perceiving the problem is the inventive step – complacent market leader Reflex infringes disruptor Globaltech’s valid patent

by Naomi Pearce, Chris Vindurampulle, Donna Meredith | Oct 5, 2023 | Blog, Patent Case Summaries

Reflex Instruments Asia Pacific Pty Ltd v Globaltech Corporation Pty Ltd [2023] FCAFC 158 On appeal from Globaltech Corporation Pty Ltd v Reflex Instruments Asia Pacific Pty Ltd [2022] FCA 797, previously reported here Date: Court: Judges: 29 September 2023 Full Court...