News

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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AUSTRALASIA

3rd Feb 2021

MSD blocked from raising public interest defence to injunction in Prevnar vaccine case

Merck Sharp & Dohme Corp v Wyeth LLC (No 4) FCA 1719 In a previous article, we discussed Justice Stephen Burley’s finding that a Wyeth patent covering certain vaccines...

Merck Sharp & Dohme Corp v Wyeth LLC (No 4) FCA 1719 In a previous article, we discussed Justice...

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AUSTRALASIA

9th Dec 2020

Uncovering the covered – YouTube reinstates Frank Sinatra cover of 2004 hit “Toxic”

A recent YouTube spat over an AI created cover of Britney Spears’ 2004 song “Toxic” demonstrates that AI has now made it possible for one artist to sing a...

A recent YouTube spat over an AI created cover of Britney Spears’ 2004 song “Toxic” demonstrates that AI has...

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AUSTRALASIA

18th Nov 2020

Pfizer suffers setback in ENBREL battle

Pfizer suffered a setback last week in its Australian battle to protect ENBREL (etanercept), when its preliminary discovery application against Sandoz was dismissed by Justice Burley in the Federal...

Pfizer suffered a setback last week in its Australian battle to protect ENBREL (etanercept), when its preliminary discovery application...

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AUSTRALASIA

3rd Nov 2020

The bar has been raised: Prevnar® vaccine case demonstrates the impact of Australian patent law reforms

Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) FCA 1477 Summary Australia’s Federal Court has delivered judgment in a dispute concerning patents covering improvements in vaccines against Streptococcus...

Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) FCA 1477 Summary Australia’s Federal Court has delivered judgment in...

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AUSTRALASIA

15th Oct 2020

Intervet parries a challenge to its combination injectable anthelmintic formulation patent application

Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V. FCA 1333 Key takeaways: For novelty purposes, expert evidence does not make up for a lack of sufficiently clear and...

Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V. FCA 1333 Key takeaways: For novelty purposes, expert evidence does...

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AUSTRALASIA

19th Aug 2020

Injecting preliminary discovery into patent infringement proceedings

Sovereign Hydroseal Pty Ltd v Steynberg  FCA 1084 An application for preliminary discovery of documents relating to the constituents of a ‘sealing composition’ and methods of using it to seal...

Sovereign Hydroseal Pty Ltd v Steynberg  FCA 1084 An application for preliminary discovery of documents relating to the constituents of...

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AUSTRALASIA

16th Jul 2020

Clinical trial protocols anticipate method of treatment claims, and further clarity provided on construction of Swiss-style claims

Australia’s Full Federal Court recently delivered judgment in an appeal in a significant patent case: Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd  FCAFC 116.  The case concerned...

Australia’s Full Federal Court recently delivered judgment in an appeal in a significant patent case: Mylan Health Pty Ltd v...

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AUSTRALASIA

29th Jun 2020

Aristocrat hits the jackpot as electronic gaming machine found patentable

Aristocrat Technologies Australia Pty Limited v Commissioner of Patents FCA 778 Aristocrat Technologies Australia Pty Limited (ATA) appealed to the Federal Court from an Australian Patent Office decision that...

Aristocrat Technologies Australia Pty Limited v Commissioner of Patents FCA 778 Aristocrat Technologies Australia Pty Limited (ATA) appealed to...

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AUSTRALASIA

28th May 2020

Switching from Biologic to Biosimilar: Australia’s Unique Approach

Switching patients from an originator biologic (the reference product) to a biosimilar version has been a topic of keen interest in recent years, both in Australia and globally, as...

Switching patients from an originator biologic (the reference product) to a biosimilar version has been a topic of keen...

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AUSTRALASIA

26th May 2020

It is becoming clearer when computer-implemented methods are likely, or unlikely, to be deemed patentable subject matter in Australia – Encompass, Rokt and other recent decisions

During the past decade, the patent-eligibility of computer-implemented methods has been a particularly vexing focal point for Australian patent law and practice. With computer technologies now ubiquitous and relatively...

During the past decade, the patent-eligibility of computer-implemented methods has been a particularly vexing focal point for Australian patent...

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