Category Archive for: ‘Patents’

Second shot at gene patent amendment bill

Further to our post on 2 December 2010 updating you on the introduction to the Senate of the Patent Amendment (Human Genes and Biological Materials) Bill 2010 (Senate Bill), a private members bill, the Patent Amendment (Human Genes and Biological Materials) Bill 2010 (Bill), was introduced to the House of Representatives last Monday.  The Bill, which is in su

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Something to react to – Federal Court upholds challenge to anti-histamine patent

Earlier today, Justice Jessup of the Federal Court handed down judgment in AMRI v Alphapharm upholding Alphapharm’s challenge to AMRI’s patent which claimed substantially pure fexofenadine, a drug used to treat allergic reactions, on the ground that it lacked novelty, and for having been granted on the basis of a material false representation to the Patent Office.  Mallesons acted for Alphapharm.

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ACIP recommends amending the statutory test for patentability to match that which has been developed by the courts

The Australian Council of Intellectual Property (ACIP) has completed its review of the appropriateness and adequacy of the test of “manner of manufacture” as a threshold requirement for patentability.  Submissions were sought in 2008, public forums were conducted in 2009, and a Report was provided to the Minister in December 2010.  Yesterday, a report was released recommending a statutory test that is consistent with the test which is currently applied by the Courts. 

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Federal Court upholds TGA decision to refuse access to documents relating to applications to list generics on the ARTG

In December last year, Justice Emmett of the Federal Court handed down an important decision for originator pharmaceutical companies who seek access to documents evidencing applications to list generic versions of their products on the Australian Register of Therapeutic Goods (ARTG), and generic companies who assume such applications are kept confidential. 

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A turning point for interlocutory injunctions in patent cases

The Federal Court of Australia recently dismissed an application for an interlocutory injunction made by the sanofi-aventis group against Hospira and Interpharma.  This has allowed Hospira and Interpharma to launch generic versions of the oncology drug docetaxel as planned, pending the outcome of a full trial.  Justice Jagot’s decision is significant because in recent years most applications for an interlocutory injunction in pharmaceutical and medical device patent cases have been successful.  Mallesons represented Hospira in this litigation.  You can read more about the case i

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Apparently, Twitter is not a new idea

You thought that social networking site Twitter, launched in 2006, was an exemplar of internet entrepreneurship, at the forefront of digital innovation, bravely creating entirely new ways for people to interact, communicate and socialise?

Think again.

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Fourth time lucky? A bill to reform patent law in the US

On Tuesday 25 January 2011, a bill to reform patent law in the US was introduced into Congress with bipartisan support.  The reform bill aims to simplify the patent application process, improve patent quality and keep the US Patent and Trademark Office (PTO) independently funded.  It marks the fourth consecutive time the Senate has attempted to implement patent reform.

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Google and the EPO tie up patent deal

Google has agreed to use its technology to translate patents in Europe into 29 languages.  It is hoped that this deal with the European Patent Office (EPO) will also assist in establishing a common European patent. 

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Patent over plum in a pickle

The liver-protecting, heart-strengthening, immune-boosting and circulation-pumping qualities of exotic flora and fauna are these days common claims being made by cosmetics giants across the world.  The latest plug is in favour of the Kakadu plum, native to Australia.  The Texan cosmetics company, Mary Kay Inc, claims that the combination of extracts from the Kakadu plum and the acai berry produce “synergistic effects” that benefit the skin, due primarily to the high concentration of vitamin C in the plum extract.

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