Mainly intellectual property (IP) issues Down Under

Alphapharm v Lundbeck per se

The Full Federal Court has held that the (+) enantiomer of citalopram is itself a pharmaceutical substance per se and so eligible for term extension

AstraZeneca goes down

The High Court has dismissed Astrazeneca’s appeal against the finding that its rosuvastatin patent was obvious.

Abilify interlocutory injunction continues pending appeal

Nicholas J stays dissolution of interlocutory injunction pending Otsuka’s appeal from invalidity of aripiprazole patent judgment. Commonwealth gets security for undertaking as to damages.

Productivity Commission to review all IP laws

Minister announce Productivity Commission to review Australia’s IP laws

Innovation patent consultation on the consultation

IP Australia issues consultation paper on ACIP’s report into the innovation patent system

WIPO patent studies

WIPO has published 2 studies on inventive step and sufficiency of disclosure in patent laws.

Are innovation patents going?

ACIP now recommends abolition of the innovation patent system

Of flat nosed syringes or if at first you don’t succeed

Having had the interlocutory injunction he granted overturned on appeal, Rares J has now determined at the substantive trial that both of Glaxo’s syringe variants infringed Reckitt Benkiser’s “flat-nosed syringe” patent.

Commonwealth seeks $60 million on the undertaking as to damages

Sanofi sued Apotex (then known as GenRx) for infringement of its “clopidogrel patent”. It obtained interlocutory injunctions against Apotex against the sale of Apotex’ product and preventing Apotex from applying to list its product under the Pharmaceutical Benefits scheme (PBS). As a condition of the grant of those interlocutory injunctions, Sanofi gave the “usual undertaking as to damages”: “(a)          submit to such order (if any) as the Court may consider to.. Read More

Australian Intellectual Property Report 2015

IP Australia has released the Australian Intellectual Property Report 2015, with statistics on IP filings and grants and trends.