Category Archive for: ‘Patents’

Why you can’t keep a good patent down: steel-flex posts bounce back from patent revocation

Delnorth is an Australian company that designs and supplies road signs and road-side markers. The company claims that its flagship product, the “Steel-Flex” post, can withstand being run over from either direction, never dislodges from the ground and will return to an undamaged, perfectly vertical position if run over. Spruiked as ‘the most durable post available on the market’, it …

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Blockbuster drug goes bust? The Federal Court finds three AstraZeneca patents relating to Crestor (rosuvastatin) invalid

In an important decision handed down on Tuesday, Justice Jagot of the Federal Court held that three patents relating to the blockbuster drug Crestor (rosuvastatin) were invalid and liable to be revoked. The decision will have important implications for companies considering launching their own generic rosuvastatin products given that total sales of Crestor for 2012 were about $350m. The patentee, …

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Don’t let the Raised Bar trip you up

On 15 April 2013, significant changes to Australian patent law will come into force. These changes increase the requirements for patentability of inventions. Patent applicants should take steps now, to prepare themselves for the ‘raised bar’. We have prepared an alert giving a simple to-do list before the changes come in, which is available online here.

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The Digital Fringe of Patent Law: Federal Court Rules against Research Affiliates

Patenting of software and computer-implemented methods is a controversial area of law. A recent, much-awaited decision of the Federal Court in Research Affiliates LLC v Commissioner of Patents [2013] FCA 71 found a claim to a computer-implemented method of generating a financial index did not involve a sufficient level of computer integration to be considered patentable subject matter. We have …

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Today is the day … for a European Patent Court

European member states have signed an agreement to pave the way for the introduction of an Unitary Patent Court. The agreement was signed in Brussels by 24 EU members and will come into effect following ratification by 13 members (including France, Germany and the UK). The specialised court will hear first instance and appeal disputes relating to European patents. It …

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Australian Court Decides Important Gene Patenting Question – Isolated Genetic Material Patentable Subject Matter

Earlier today, the Federal Court rejected a claim brought by Cancer Voices Australia that isolated genetic material (DNA or RNA) that is naturally occurring in nature is not patentable subject matter. The Court found that while there is “no doubt” that naturally occurring DNA and RNA is not patentable, isolated generic material may be the subject of a valid patent. …

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In the Blue Corner… FTC comes out swinging on product switching

Louise Beange has written an interesting post on our sister blog In Competition about an ‘amicus brief’ issued by the US Federal Trade Commission (FTC) indicating that an incident of ‘product switching’ in the pharmaceutical industry by Warner Chilcott may be a breach of anti-trust laws.  Read more about it here. We’ve previously posted about similar issues on IP Whiteboard …

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No more delay on reverse payments

The Supreme Court of the United States has agreed to hear a dispute over the legality of ‘pay-for-delay’ or reverse-payment agreements between patent holders and generic manufacturers. These are settlement agreements in patent infringement litigation in which patent holders pay generic manufacturers to delay releasing generic alternatives to pharmaceuticals. The US Supreme Court has agreed to hear the US Federal …

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Indian Patent Appellate Board confirms that NGOs can oppose patents after grant in India

On the back of our recent post concerning the grant of compulsory licences for HIV/AIDS and Hepatitis B medicines in Indonesia, the Indian Patent Appellate Board has now revoked Roche’s patent for its hepatitis C drug, Pegasys, on the ground that it was not sufficiently inventive and “increased efficacy” required by India’s Patent law was not proved.  The decision is …

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