Archives for: ‘Wayne McMaster’

Selection patents – a developing area of law?

Apotex recently failed in its attempt to have Eli Lilly’s patent covering antipsychotic drug Zyprexa revoked by the Federal Court.  In his judgment (Eli Lilly v Apotex), Justice Middleton considered two relatively fresh issues – the proper approach to ‘selection patents’, and the significance of differences in the naming of chemical formulae. Eli Lilly commenced the proceeding against Apotex in …

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Are your patents ready to jump the Raised Bar?

As we have reported previously, significant changes to Australian patent prosecution procedures come into effect on 15 April 2013.  Are you ready?  Check what steps you should take by clicking here.

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Experimental evidence– comply with the rules or risk inadmissibility

By refusing to allow Generic Health to adduce experimental evidence in a patent case currently being heard in the Federal Court, Justice Jagot has made it clear that failing to comply with procedure set out in the Federal Court Rules when conducting experiments can have serious consequences. In this case, Generic Health conducted an experiment without seeking prior orders from …

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Today’s update from the High Court – IP special leave applications refused

The High Court today heard special leave applications in two IP cases – however, in both cases Chief Justice French and Justice Gageler declined to grant special leave. The first case was Ucorp’s application for special leave to appeal from the Full Court’s decision regarding an implied licence in respect of the copyright in Material Safety Data Sheets (MSDS). Acohs …

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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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New R&D Tax Credit passed by Parliament

The long-delayed R&D Tax Credit was passed by the House of Representatives yesterday after clearing the Senate with amendments.  The R&D Tax Credit represents the most significant change to tax innovation policy since the original R&D Tax Concession was introduced in 1986. Check out our alert here.

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Spotlight moves to innovation patents

On 17 August 2011, the Advisory Council on Intellectual Property (“ACIP”) released an issues paper entitled “Review of the Innovation Patent System” (the “Issues Paper”).  A copy of the Issues Paper can be accessed here.  Submissions close on 14 October 2011.  ACIP is also planning to hold round-table workshops in both Melbourne and Sydney.

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Pharmaceuticals – copyright in PIs and indirect patent infringement

In the recent decision in Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 3), Justice Jagot found liability for indirect patent infringement in the context of supply of a pharmaceutical product. Her Honour also held that copyright can subsist in product information documents for pharmaceutical products.  Check out our alert here.

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