News

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

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

18th May 2020

TGA transparency reforms (part 2): Early publication of major innovator prescription medicine applications

In Part 1 of this series (available here), we examined the impact of the proposal by Australia’s Therapeutic Goods Administration (TGA) to provide early confidential notification to innovators of applications under evaluation...

In Part 1 of this series (available here), we examined the impact of the proposal by Australia’s Therapeutic Goods Administration (TGA) to...

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AUSTRALASIA

5th May 2020

Federal Court dismisses first Commonwealth damages claim against an unsuccessful pharmaceutical patentee

In an unprecedented decision, the Federal Court of Australia has considered and dismissed a claim by the Commonwealth Government for compensation from sponsors of innovator pharmaceutical products, pursuant to...

In an unprecedented decision, the Federal Court of Australia has considered and dismissed a claim by the Commonwealth Government...

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AUSTRALASIA

29th Apr 2020

TGA transparency reforms (part 1): Notification of generic and biosimilar medicines to impact pharmaceutical patent disputes in Australia

Regulatory changes recently approved by the Australian Government are likely to impact the way in which pharmaceutical patent litigation is conducted in Australia. The Therapeutic Goods Administration (TGA) is...

Regulatory changes recently approved by the Australian Government are likely to impact the way in which pharmaceutical patent litigation...

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AUSTRALASIA

9th May 2018

“Promising” development for ESCO Corporation

ESCO Corporation v Ronneby Road Pty Ltd FCAFC 46 We previously reported the Federal Court decision in Ronneby Road Pty Ltd v ESCO Corporation  FCA 588  in which all claims...

ESCO Corporation v Ronneby Road Pty Ltd FCAFC 46 We previously reported the Federal Court decision in Ronneby Road Pty...

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AUSTRALASIA

15th May 2017

Amendments to a patent during court proceedings – how much transparency is required?

In Apotex Pty Ltd v ICOS Corporation  FCA 466, the Federal Court has provided guidance regarding the level of disclosure required by a patentee in order for a court to...

In Apotex Pty Ltd v ICOS Corporation  FCA 466, the Federal Court has provided guidance regarding the level of disclosure...

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AUSTRALASIA

8th May 2017

Bayer awarded indemnity costs against Generic Health in Yasmin patent litigation

Earlier this year Jagot J of the Federal Court of Australia ordered Generic Health to pay Bayer $25,437,966 in damages plus interest to compensate for lost revenue caused by generic product sales...

Earlier this year Jagot J of the Federal Court of Australia ordered Generic Health to pay Bayer $25,437,966 in...

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AUSTRALASIA

1st May 2017

Another small victory for Australian Government in pursuit of damages for PBS “over-payments”

The Australian Government has had another small victory in the most recent interlocutory decision in the clopidogrel damages enquiry, which is likely to be the test case for its...

The Australian Government has had another small victory in the most recent interlocutory decision in the clopidogrel damages enquiry,...

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AUSTRALASIA

17th Jan 2017

User pays but who gets paid? The vexed question of damages for copyright infringement

The long running litigation in New Zealand between Oraka Technologies and Geostel/Napier Tool & Die over copyright in an asparagus grading machine hit the Court of Appeal again late...

The long running litigation in New Zealand between Oraka Technologies and Geostel/Napier Tool & Die over copyright in an...

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