Author Archive for: ‘jeellsmor’
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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Gene editing and genetic engineering techniques
Continuing our series on biotechnology for #Bio2018, this post looks at the development of new gene editing and genetic engineering techniques – a key trend shaping the biotechnology industry. New genome editing techniques, such as CRISPR/Cas9, have made editing genomic material cheap, efficient and accessible. These new techniques have opened up a plethora of opportunities for scientific progress previously considered …
Read MoreGeneric 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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Is your computer-implemented business method patentable? The Full Federal Court dismisses Research Affiliates’ appeal
A unanimous Full Federal Court has held that a computer implemented method of creating an investment index is not patentable, on the basis that the substance of the claimed invention – an abstract idea or scheme – is itself not patentable subject matter and just because the claimed invention could be implemented using a computer does not make it patentable. …
Read MoreUnanimous Full Court dismisses Research Affiliates’ appeal
In a decision handed down this afternoon, the Full Court has unanimously dismissed an appeal by Research Affiliates LLC from a decision of Justice Emmett in 2013 (summary here). The Full Court affirmed Justice Emmett’s decision that the claimed invention of two patent applications, in the name of Research Affiliates, is not a manner of manufacture as required by the …
Read MoreHigh Court grants special leave to appeal extension of time in pharmaceutical patent case
Last Friday the High Court of Australia granted Alphapharm special leave to appeal from a decision of the Full Federal Court in Aspen Pharma Pty Ltd v H Lundbeck A/S [2013] FCAFC 129. The Full Court’s decision affirmed an earlier decision of the Administrative Appeals Tribunal to grant Lundbeck an extension of time in which to make an application to …
Read MoreDid Australia’s liberal approach to naming political parties backfire?!
As the dust settles on last Saturday’s Federal election, one of the more interesting outcomes to emerge is the likely election of six new Senators from five ‘micro’ parties – the Palmer United Party, the Family First party, the Australian Motor Enthusiast Party, the Australian Sports Party and the Liberal Democrats. One of the incoming Senators is Mr David Leyonhjelm …
Read MoreJust genes? Lessons from the Myriad litigation
Last month the United States Supreme Court ruled that certain naturally occurring DNA sequences (the BRCA1 and BRCA2 genes, mutations in which are associated with a significantly increased risk of ovarian and breast cancer) were a product of nature that were not rendered patentable by virtue of being isolated from the rest of the genome. (For further details on the …
Read MoreInventor caught in web of precedent
We recently saw the publication of an interesting decision in the United States concerning patent licences, with the US Court of Appeals for the Ninth Circuit holding that under the terms of a settlement agreement, Marvel, the owners of the Spiderman brand and franchise, were not required to pay royalties to the inventor of a Spiderman toy once the inventor’s …
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