Generic supplier obtains substantial reduction in damages awarded against it

Justice Jagot has allowed a generic pharmaceutical company a 30% reduction to account for risks associated with the past hypothetical cash-flows which underlie the assessment of damages in the case.  The decision is H Lundbeck A/S v Sandoz Pty Ltd [2018] FCA 1797 and is the culmination of many years’ litigation concerning Lundbeck’s patent for the antidepressant escitalopram.

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Manner of manufacture and software-based inventions: What does it mean for an invention to involve “an improvement in the computer”?

Whether inventions relating to the use of a computer are patentable according to the ‘manner of manufacture’ test has for many years been unclear in Australia.  This uncertainty, together with inconsistencies in how the law has been applied by the courts and the Australian Patent Office (APO), were just some of the contentious issues recently considered by a full bench of five judges from the Federal Court in Encompass Corporation Pty Ltd v InfoTrack Pty Ltd (NSD 734/2018)

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A very modest win: Generic Health gets 2% cut to Bayer’s $25 million damages

Last year, Bayer was awarded more than $25 million (plus interest and indemnity costs) against Generic Health in the first Federal Court award of damages for pharmaceutical patent infringement.  In the appeal by Generic Health, the Full Court of the Federal Court allowed Generic Health a 2% discount to the $25 million damages originally awarded. What made the FCFCA give Generic Health such a modest discount?

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Artificial-Impressionists: a movement of AI-generated artwork

Remember Naruto, the monkey that took a selfie?  Courts in the United States determined that human authorship was a requirement for copyright protection.  So, if we can’t award monkey copyright, what about AI? 

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Smells fishy: Trident Seafoods Corporation v Trident Foods Pty Limited

This recent Federal Court decision concerns two appeals by Trident Seafoods Corporation from decisions made by delegates of the Registrar of Trade Marks.

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IPO 2018: Insights from the USPTO, EPO and the bench (when digital natives meet digital immigrants)

The Intellectual Property Owners Association’s 46th Annual Meeting took place in Chicago on 23-25 September 2018.  Suzy Madar from the Sydney IP team reports on the conference highlights.

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United States Court of Appeals upholds PTAB decision on CRISPR Patent Interference

The interference action between the University of California (UC) and Broad Institute (Broad) has seemingly come to an end, with the United States Court of Appeals for the Federal Circuit Court (CAFC) affirming that the patent claims that had been granted to Broad in relation to its CRISPR/Cas9 gene editing patents are separately patentable from the claims of a patent application made by UC.

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“13 Reasons Why” to watch Article 13 – Copyright reform in the European Union

Last week, a plenary session of the European Parliament has voted to adopt changes to the Directive on Copyright in the Digital Single Market (or the Copyright Directive for short), that was first introduced by the European Parliament Committee on Legal Affairs on 20 June 2018.

The Copyright Directive contains a number of sections that have been extremely polarising – critics argue that the Copyright Directive will encourage a form of censorship while supporters argue that the Copyright Directive will protect the works of artists and creators. One of the most contentious parts of the Copyright Directive is Article 13.

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United States FDA gets serious about biosimilars

The most significant advances in medical treatments are being made with biological products.  As biological medicines are significantly more expensive than traditional small molecule drugs, upward pressure is being placed on health spending. For example, in the United States, biological medicines accounted for 40% of all prescription drugs spending and 70% of the increase in healthcare spending in the five …

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