IPwars.com

Mainly intellectual property (IP) issues Down Under

Pregabalin 2 – the invalidity appeal

In addition to clarifying infringement of method claims, the Full Court in Warner-Lambert (PregablinI also dismissed Apotex’ appeal against the findings that the Patent was fairly based and not invalidated by a false suggestion.

Five Judges speak with one voice on Australian Patent Law Construction and Fair Basis*

The Rosuvastatin case is that rare beast – a decision of a 5 member Full Bench of the Federal Court. It canvases many issues and, no doubt, we shall be picking over it for years to come. Susan Gatford, at the Victorian Bar, has kindly provided a guest post on the section 40 issues.

Scope of disclosure in an innovation patent

Patentology has a nice summary of the innovation patentee’s successful appeal in Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83. One point: it seems like the disclosure in the body of the specification supporting the broadest claim was at a level of generality similar to that upheld by the High Court in the first round of Lockwood. Wonder how that will hold up for future application under.. Read More

Draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011

A few weeks back now, IP Australia released a draft Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (pdf) and draft Explanatory Memorandum (pdf). You can probably guess its overall objective from the exposure draft bill’s longer short title. The range of matters covered extends across 6 schedules: Schedule 1- Raising the quality of granted patents Schedule 2– Free access to patented inventions for research and regulatory activities Schedule.. Read More

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