Way more than an everyday interest in IP
The China-Australia Free Trade Agreement represents significant opportunities for Australian health and aged care providers. However, it is important to move quickly and strategically to make the most of the opportunities. See our Business Spectator article here for what to do next.
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 read more…
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 read more…
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 read more…
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 read more…
A recent decision by Federal Court of Australia illustrated two things about privacy complaints – or at least those that end up before the courts: complainants often pursue their claims for many years, displaying a kind of endurance that many litigants do not possess; and the task facing an administrative decision maker is demanding – read more…
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, read more…
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. read more…
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.