Category Archive for: ‘Patents’

The final word and ‘smoking gun’ documents – ACCC v Pfizer

For those readers interested in the issues surrounding competitive moves by pharmaceutical companies in the scenario where a key patent comes to an end, we report on the recent decision of the Full Federal Court in the ACCC v Pfizer matter here: ACCC v Pfizer – KWM News & Insights

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Is the cure in your DNA? – The rise of biopharmaceuticals and pharmacogenomics-led therapy

15 years has passed since the Human Genome Project, involving the identification and mapping of all the genes of the human genome, was declared complete. Work on the project (which formally started in 1990 and spanned 15 years) involved international collaboration between scores of scientific researchers and funding of ~US$3 billion. As one of the world’s greatest collective scientific endeavours, …

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Biotech Insights: 2018 industry snapshot and key trends

With the latest Scientific American, Worldwide Scorecard ranking Australia in the top five bio-economies globally, Australia’s biotechnology and life sciences sector continues to show healthy performance for the fifth consecutive year.  Despite the challenges of the global economy, there has been generally positive sentiment from an industry that is expected to continue growing, reaching close to $8B in revenue over …

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Fast drugs, new drugs: new opportunities in the healthcare industry in Australia and China

Chinese and Australian businesses looking for overseas opportunities to expand in the healthcare industry should be aware of important regulatory changes that are taking place in both China and Australia. The healthcare industry in both Australia and China is undergoing significant growth that has been accompanied by rapid regulatory change. Both countries have invested significantly in the industry which increasingly …

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Second throw of the dice unsuccessful: Full Federal Court confirms Hepatitis C drug patent is invalid

The recent decision of the Full Court in Idenix Pharmaceuticals v Gilead Sciences [2017] FCAFC 196 illustrates the power of the grounds of lack of utility and lack of sufficiency under section 40 of the Patents Act when challenging the validity of a patent. The decision concerned lack of utility and lack of sufficiency as those grounds existed prior to the introduction …

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The future is now: Gene therapy lands in the United States

The United States Food and Drug Authority (FDA) has just given the green light to America’s first ever gene therapy treatment. It’s called Kymriah and it’s a genetically-modified autologous T-cell immunotherapy (CAR-T cell therapy).  For the layman: individually customised, cancer-killing white blood cells. This is why it’s a big deal, and what the future could hold for us here in …

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Here’s the drill: The Full Federal Court clarifies the requirement that patents disclose the ‘best method’ of performing the invention

The Full Federal Court recently drilled down on the ‘best method’ requirement in Australia in Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd [2017] FCAFC 138. Under Section 40(2)(aa) of the Patents Act 1990 (Cth) a ‘complete specification must … disclose the best method known to the applicant of performing the invention’. This requirement has been …

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Drugs in the fast lane: provisional drug registration and other proposed changes to the Therapeutic Goods Act

Following the Australian Government’s Response to the Review of Medicines and Medical Devices Regulation in 2016, the government recently released exposure drafts for a set of significant reforms to the Therapeutic Goods Act 1989 (Cth). The proposed changes include modifications to the regulation of complementary medicines, and a new class of “provisionally registered goods”.  This new class provides an opportunity …

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Stuck between some wine and a hard case – some lessons from the Barokes “wine in a can” saga

Every now and then a case cracks open a delicious mix of intellectual property and commercial problems. Recent litigation by Barokes over “wine in a can” is one such example. After centuries of drinking wine out of glass bottles (or ‘goon sacks’ [1]) two inventors took the plunge and developed revolutionary technology for “wine in a can”. Barokes Pty Ltd (Barokes) …

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