Category Archive for: ‘Patents’

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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Extension of time provisions in the Patents Act cannot prevent “the Sword of Damocles” from falling

The Full Federal Court in Sunesis Pharmaceuticals Inc v Commissioner of Patents [2015] FCAFC 29 clarified that section 223(2) of the Patents Act, which allows the Commissioner of Patents to grant an extension of time to complete a required act, cannot be used to delay the effects of the commencement of legislative amendments. Specifically, the Court found that section 223 …

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More lessons on patent amendment

6 years after our “Lessons about patent amendment” post the Federal Court has handed down another decision in the same proceeding (Apotex v Les Laboratories Servier (No 4) [2015] FCA) about amending a patent under s 105 of the Patents Act. The patent at the centre of these proceedings relates to Servier’s blood pressure medication, perindopril. This time the Court …

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Court rejects ACCC claim against Pfizer

The Federal Court has today dismissed a case brought by the Australian Competition and Consumer Commission (ACCC) against Pfizer Australia for alleged misuse of market power and exclusive dealing. The case arose from Pfizer’s sale of its own generic artorvastatin (Lipitor) product to pharmacies. Pfizer’s patent which prevented generic entry into the artorvastatin market expired in May 2012. Prior to patent expiry, Pfizer’s …

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High Court grants Application for Special Leave to Appeal in Myriad Genetics

The High Court has granted Cancer Voices’ application for special leave to appeal a Full Federal Court finding that Myriad’s patent relating to the BRCA1 gene is patentable.

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