Category Archive for: ‘Patents’

Update: Otsuka Successful in Stay Application: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2015] FCA 848

Further to our post of 7 July 2015, the proceedings brought by Otsuka and Bristol Myers Squibb (the “exclusive licensee” of Otsuka’s patents for aripiprazole) against Generic Health have taken another turn. Justice Nicholas delivered judgment on Friday 14 August in the interlocutory application sought by Otsuka and BMS. The orders and reasons were published on Tuesday 18 August. The …

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Productivity Commission embarks on 12-month inquiry into Australia’s intellectual property regime

The Federal Government has given the green light to the Productivity Commission to undertake a comprehensive review of Australia’s IP regime (Inquiry).  The Commission must provide a report on the Inquiry by August 2016. The Inquiry was one of the three recommendations relating to IP in the Final Report of the Competition Policy Review (also known as the Harper Review), …

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Too early to pull the plug on innovation patents

In June 2014, following three years of public consultation, the Advisory Council on Intellectual Property (ACIP) released a report in which it made recommendations to reform the Innovation Patent System. ACIP did not, at that stage, recommend abolishing the system. Our previous post on ACIP’s recommendations can be found here. On 25 May 2015, IP Australia published a report entitled …

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Spins a web, anytime, but only pays royalties until the expiry of the patent

It a recent US Supreme Court case involving a patent for a device shooting Spiderman foam ‘webs’ from wrists, Justice Kagan did a (Marvel-ous?) summation of the issue at hand: ‘Patents endow their holders with certain superpowers, but only for a limited time’.

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CJEU gives Guidance on Standard Essential Patents and Injunctions

The Court of Justice of the European Union has today issued its much-anticipated decision in Huawei v ZTE in relation to the question of whether it is an abuse of a dominant position to seek an injunction for infringement of a standards-essential patent (SEP). The Court’s decision largely confirms the approach of Advocate General Wathelet in his Opinion in November …

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Generic Health succeeds in invalidating patent for aripiprazole: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 4) [2015] FCA 634

Generic Health is perhaps a step closer to bringing its generic version of the antipsychotic drug aripiprazole to market in Australia after Justice Yates struck down one of Otsuka’s patents for the drug.  Although it’s unclear whether the path has been cleared for the launch of generic aripiprazole, Justice Yates’ decision – which found that key claims of the patent …

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Australia signs Free Trade Agreement with China – important implications for IP owners and healthcare providers

After years of negotiation and months of drafting, Australia signed the Free Trade Agreement between the Government of Australia and the Government of the People’s Republic of China (ChAFTA). The Agreement addresses a number of important IP related issues and also sets out bilateral obligations to promote trade and investment in healthcare. Intellectual Property Chapter 11 of the ChAFTA aims …

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The Harper Review (IP Update)

We previously reported on the Competition Policy Review Panel’s Draft Report on the effectiveness of Australia’s current competition laws and policy (see our earlier post here). As well as competition issues, the review also examined the impact of the intellectual property regime on innovation, trade and competition policy. Yesterday, the Panel released its Final Report (which can be accessed here). …

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Blindsided on prior use

A recent decision of the Full Court of the Federal Court reaffirms that not every prior use of an invention will be novelty defeating (see Damorgold Pty Ltd v JAI Products Pty Ltd [2015] FCAFC 31). Damorgold’s patent related to a spring assisted mechanism for controlling blinds. JAI briefly marketed (but did not sell) a RolaShades product in Australia which possessed …

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