A Full Bench of the Federal Court of Australia (Allsop CJ, Dowsett, Kenny, Bennett & Middleton JJ) have dismissed the appeal in the Myriad litigation; upholding Nicholas J’s ruling that isolated genes and isolated gene sequences are patentable subject matter in Australia.
Kim Weatherall has pointed out this is a different result to the ruling in the USA but, given the illogicality of the US Supreme Court’s position (e.g. here and here), surely that is no bad thing.
D’Arcy v Myriad Genetics Inc  FCAFC 115
If you have been waiting for the outcome of the appeals from Jagot J’s decision to revoke 3 of AstraZeneca’s patents relating to rosuvastatin and the treatment of hypercholesterolemia
- one of the extremely rare 5 member Full Benches of the Federal Court –
the decision is out and the patents are still invalid.
Jessup J agreed with Besanko, Foster, Yates and Nicholas JJ, but delivered separate reasons on the question of obviousness.
At 180 pages, further comment will have to wait.
AstraZeneca AB v Apotex Pty Ltd  FCAFC 99