Category Archive for: ‘Patents’

Federal Court upholds TGA decision to refuse access to documents relating to applications to list generics on the ARTG

In December last year, Justice Emmett of the Federal Court handed down an important decision for originator pharmaceutical companies who seek access to documents evidencing applications to list generic versions of their products on the Australian Register of Therapeutic Goods (ARTG), and generic companies who assume such applications are kept confidential. 

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A turning point for interlocutory injunctions in patent cases

The Federal Court of Australia recently dismissed an application for an interlocutory injunction made by the sanofi-aventis group against Hospira and Interpharma.  This has allowed Hospira and Interpharma to launch generic versions of the oncology drug docetaxel as planned, pending the outcome of a full trial.  Justice Jagot’s decision is significant because in recent years most applications for an interlocutory injunction in pharmaceutical and medical device patent cases have been successful.  Mallesons represented Hospira in this litigation.  You can read more about the case i

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Apparently, Twitter is not a new idea

You thought that social networking site Twitter, launched in 2006, was an exemplar of internet entrepreneurship, at the forefront of digital innovation, bravely creating entirely new ways for people to interact, communicate and socialise?

Think again.

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Fourth time lucky? A bill to reform patent law in the US

On Tuesday 25 January 2011, a bill to reform patent law in the US was introduced into Congress with bipartisan support.  The reform bill aims to simplify the patent application process, improve patent quality and keep the US Patent and Trademark Office (PTO) independently funded.  It marks the fourth consecutive time the Senate has attempted to implement patent reform.

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Google and the EPO tie up patent deal

Google has agreed to use its technology to translate patents in Europe into 29 languages.  It is hoped that this deal with the European Patent Office (EPO) will also assist in establishing a common European patent. 

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Patent over plum in a pickle

The liver-protecting, heart-strengthening, immune-boosting and circulation-pumping qualities of exotic flora and fauna are these days common claims being made by cosmetics giants across the world.  The latest plug is in favour of the Kakadu plum, native to Australia.  The Texan cosmetics company, Mary Kay Inc, claims that the combination of extracts from the Kakadu plum and the acai berry produce “synergistic effects” that benefit the skin, due primarily to the high concentration of vitamin C in the plum extract.

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Gene patent amendment bill introduced

On 24 November 2010, the Patent Amendment (Human Genes and Biological Materials) Bill 2010 was introduced in the Senate.  This private Senator’s bill proposes to, among other things, expressly exclude “human beings, and the biological processes for their generation” and “biological materials” (which are defined to include DNA, RNA and proteins) from patentability.  The text of the bill can be found here.

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Gene Patents Inquiry Report

On Friday, 26 November 2010, the long-awaited report of the Senate Inquiry into gene patents was published.

The authors of the 190 page report make a number of comments and recommendations, many of which may have repercussions beyond gene patents.

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Too little too late: CSL Limited v Novo Nordisk Pharmaceuticals Pty Ltd (No 2) and the judicial discretion to amend a patent

CSL Limited and Monash University, the applicants, are the proprietors of an Australian patent in respect of an invention for a stabilised growth hormone and a method of preparation thereof.  The applicants issued infringement proceedings against Novo Nordisk Pharmaceuticals Pty Ltd and other members of the Novo Nordisk group.  The respondents cross-claimed for a declaration of invalidity and patent revocation on the grounds that it lacked an inventive step and that the invention was not novel.

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