Author Archive for: ‘sugroom’
The Chief Justice of the Federal Court has issued a new Practice Note which applies to Federal Court proceedings under the Patents Act 1990. The Practice Note is to be applied flexibly to promote the efficient identification of issues and improve facilitation in the trial process. It commences on 1 July 2010. Click here for a copy.
The Practice Note outlines the following “General Procedures” which “practitioners can expect will be adopted”:
A majority of the US Supreme Court handed down a decision yesterday which draws a fuzzy line between valid patents which claim business methods and invalid ones which merely claim abstract ideas. The decision, Bilski v Kappos, can be found here.
An amici curiae brief has been filed by a Professor of Law at Stanford Law School on behalf of 86 other professors of Law, Economics, Business and Public Policy in relation to the appropriate treatment of reverse settlement agreements. The professors seek to be heard by the Full Court of Appeals in their review of reverse settlements of patent disputes, which involve the patentee paying a would-be infringer to stay out of the market, and to not challenge the validity of the patent.
US Court of Appeals for the Second Circuit invites examination of reverse settlement agreements by the Full Court of Appeals
Further to our 18 May post in relation to the FTC’s anti-trust case against Cephalon concerning the reverse settlement of a patent dispute over Provigil, a US Court of Appeals has taken the unusual step of inviting a petition to the Full Court of Appeals to consider the “difficult questions at issue and the important interests at stake” when considering reverse settlement agreements.
FTC wins preliminary battle in anti-trust case against Cephalon in relation to settlement of dispute over Provigil
A US District Court has refused an application by Cephalon to dismiss a case brought against it by the FTC in relation to the settlement of a patent dispute between Cephalon and would-be generic manufacturers of Provigil (modafinil), a drug used in the treatment of sleep disorders which recorded $961 million in sales in 2009 alone.
This morning the High Court refused an application by Sanofi-Aventis for special leave to appeal a decision of the Full Court of the Federal Court which found that its patent claiming salts of the isolated enantiomer of a known racemate was invalid for want of inventive step. A link to our alert on the Full Court’s decision can be found here.
The Federal Court has handed down its findings in the case brought by class action representative Mr Graeme Peterson against Merck Sharpe & Dohme in which it was alleged that Vioxx contributed to Mr Peterson’s heart attack, and that Merck had intentionally downplayed the cardiovascular risks which were associated with the drug. Justice Jessup found that Vioxx doubled the risk of heart attack in patients, however that Merck had not intentionally turned a blind eye to the risks.
Professor Elizabeth Blackburn from Launceston, Tasmania is the first Australian woman to win a Nobel Prize. Her Prize for Medicine is an inspiration to Australian women in science.
Professor Blackburn’s work was responsible for identifying telomerase, the enzyme which forms a cap at the end of our chromosomes to protect them from damage. As cancers depend on telomerase for their continued growth, the work is particularly crucial to the development of treatments for cancer which block the activity of telomerase.
Advisory Council on Intellectual Property releases Interim Report on Post-Grant Patent Enforcement Strategies
The Advisory Council on Intellectual Property has released an Interim Report on Post-Grant Enforcement Strategies proposing a number of reforms, including the establishment of an IP dispute resolution centre to provide opinions in relation to validity and infringement issues, and public access to information in relation to patent related Court proceedings. The Advisory Council is seeking submissions on the proposals outlined in the Report from interested parties with a view to submitting the final report to the Government in late 2009. Written submissions should be mad