Archives for: ‘Kim O’Connell’
Let’s get clinical: Federal Court of Australia examines representations about ‘clinical’ efficacy of over-the-counter deodorants
Whether certain implied representations as to the clinical efficacy of deodorant products amounted to misleading or deceptive conduct for the purposes of the Australian Consumer Law (ACL) was examined by the Federal Court of Australia in its recent decision in Unilever Australia Ltd v Beiersdorf Australia Ltd  FCA 2076.
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  FCA 1797 and is the culmination of many years’ litigation concerning Lundbeck’s patent for the antidepressant escitalopram.
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)
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?
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.
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.
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 …
Australia’s digital health sector received a major boost in April this year when the Federal Government announced a $55 million cash injection to launch the new Digital Health Cooperative Research Centre (CRC) and its programs which will bring together a consortium of more than 60 health, medical technology and pharmaceutical companies, universities and research institutes operating across the health, aged …
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 seeks to introduce yet further changes aimed at improving Australia’s intellectual property laws. The proposed amendments to the Plant Breeder’s Rights Act, 1994 cover many key aspects of Australia’s plant breeders’ rights regime and are expected to have a significant impact on the agricultural sector. For …