Too little too late: CSL Limited v Novo Nordisk Pharmaceuticals Pty Ltd (No 2) and the judicial discretion to amend a patent
CSL Limited and Monash University, the applicants, are the proprietors of an Australian patent in respect of an invention for a stabilised growth hormone and a method of preparation thereof. The applicants issued infringement proceedings against Novo Nordisk Pharmaceuticals Pty Ltd and other members of the Novo Nordisk group. The respondents cross-claimed for a declaration of invalidity and patent revocation on the grounds that it lacked an inventive step and that the invention was not novel.