News

AUSTRALASIA

12th Mar 2026

Australia’s High Court to decide the future of patent term extensions for pharmaceutical formulation patents  

Today, the High Court of Australia – Australia’s highest appellate court – granted special leave to appeal the Full Federal Court’s decision in Otsuka Pharmaceutical Co Ltd v Sun...

Today, the High Court of Australia – Australia’s highest appellate court – granted special leave to appeal the Full...

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AUSTRALIA

25th Feb 2026

Australia | Lessons from recent interlocutory injunctions in pharmaceutical patent cases 

Is it becoming easier to obtain interlocutory injunctions in Australian pharmaceutical patent cases? We provide an overview of recent decisions in Australia’s Federal Court that shine a light on some key lessons for patent owners.  Overview  In...

Is it becoming easier to obtain interlocutory injunctions in Australian pharmaceutical patent cases? We provide an overview of recent decisions in Australia’s Federal Court that...

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AUSTRALIA

11th Dec 2025

Australia | Patents: the evolving law of Support and Sufficiency 

For more than a decade, and for at least another decade to come, Australia’s patent law has openly applied a double-standard with respect to written description requirements, namely the...

For more than a decade, and for at least another decade to come, Australia’s patent law has openly applied...

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AUSTRALIA

18th Sep 2025

Australia | Aristocrat decision changes patent eligibility of computer-implemented inventions

Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents FCAFC 131 Key takeaways Australia’s Full Federal Court has given judgment on the latest in a series of appeals by Aristocrat...

Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents FCAFC 131 Key takeaways Australia’s Full Federal Court has given judgment...

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AUSTRALIA

10th Feb 2025

Legal 500 Country Guide | Patent litigation in Australia

Spruson & Ferguson Lawyers has again provided expert content for the 2025 edition of the Legal 500 Country Guide to patent litigation laws and regulation in Australia. These useful guides...

Spruson & Ferguson Lawyers has again provided expert content for the 2025 edition of the Legal 500 Country Guide...

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AUSTRALIA

18th Dec 2024

Australia | Five key lessons from the High Court’s decision in the Commonwealth damages case

Australia’s High Court has delivered a much-anticipated judgment in the Commonwealth damages case (Commonwealth of Australia v Sanofi HCA 47). While the Commonwealth has failed in its attempt...

Australia’s High Court has delivered a much-anticipated judgment in the Commonwealth damages case (Commonwealth of Australia v Sanofi ...

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11th Jun 2024

Skinny labelling in the Australian context: an overview

This article was first published in the 2023 Pharmaceutical Patent Review. Key takeaways In Australia, new indications for known pharmaceuticals may be protected by several different patent claim formats, including method of...

This article was first published in the 2023 Pharmaceutical Patent Review. Key takeaways In Australia, new indications for known pharmaceuticals may be...

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AUSTRALIA

9th May 2024

Infringement of second medical use claims | Federal Court decision adds guidance

In pharmaceutical patent litigation, issues concerning infringement of method of treatment and Swiss-style claims covering new indications for known substances arise frequently. In this article, we discuss the recent...

In pharmaceutical patent litigation, issues concerning infringement of method of treatment and Swiss-style claims covering new indications for known...

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1st Feb 2024

The 2023 IP year in review, and predictions for 2024

In Australia, February signals a return from the beach, children back to school after a long summer break and of course the usual traffic woes! At Spruson & Ferguson Lawyers,...

In Australia, February signals a return from the beach, children back to school after a long summer break and...

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AUSTRALASIA

16th Sep 2022

What the High Court Decision in Aristocrat means for patent owners

The High Court of Australia issued a split decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents on 17 August 2022. As reported in our previous article,...

The High Court of Australia issued a split decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents...

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AUSTRALASIA

20th Jun 2022

A new test on the cards for computer inventions? Australia’s High Court set to decide after hearing in Aristocrat v Commissioner of Patents

On 9 and 10 June 2022, a hearing was held in the High Court of Australia in the case of Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents....

On 9 and 10 June 2022, a hearing was held in the High Court of Australia in the case...

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AUSTRALASIA

16th Feb 2021

Long-running patent dispute relating to Lundbeck’s Lexapro reaches High Court for a third time

Sandoz Pty Ltd v H Lundbeck A/S FCAFC 133 (4 August 2020) In the long-running patent dispute relating to Lundbeck’s blockbuster antidepressant, Lexapro® (escitalopram), the Full Court of Australia’s...

Sandoz Pty Ltd v H Lundbeck A/S FCAFC 133 (4 August 2020) In the long-running patent dispute relating to...

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AUSTRALASIA

5th Feb 2021

Pfizer preliminary discovery attempt on ERELZI fails

In this Federal Court case, Pfizer’s attempt to obtain documentation from Sandoz regarding its ERELZI etanercept product failed, Justice Burley finding that undertakings provided by Sandoz to give notice...

In this Federal Court case, Pfizer’s attempt to obtain documentation from Sandoz regarding its ERELZI etanercept product failed, Justice...

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