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 be just for.. Read More
The High Court has allowed special leave to appeal from the Full Federal Court’s decision in AstraZeneca v Apotex (“Rosuvastatin”).
The Full Court has clarified what the prior use must disclose for it to be novelty destroying under the Patents Act 1990
High Court grant special leave to determine patentability of Myriad’s BRCA patents.
Although it rejected the primary judge’s interpretation of s145 of the Patents Act 1990, the Full Court has nonetheless dismissed Regency’s appeal seeking to terminate its licence of MPEG patents. In 2009, Regency took a licence of a bundle of patents from the MPEG patent pool so that it could make, amongst other things, DVD and Blu-Ray players. All the patents were necessary to make MPEG–2 compliant equipment, but they related to different.. Read More
Vickery J in the Supreme Court of Victoria has had to construe how long an obligation to pay royalties under a sale of patents and technology and associated consultancy agreement lasts: ruling it is as long as the purchaser is using the “invention”.
High Court upholds Lundbeck’s application out of time to extend the term of its escitalopram patent
The Full Federal Court has rejected Research Affiliates’ attempt to patent a computerised method to construct a portfolio index
The Commissioner can refuse a patent application capable of restoration, require a response within 2 months and direct a hearing of her own motion
Full Bench dismisses appeal from ruling that isolated genes are patentable subject matter in Australia.