Life Science & Biotechnology Archives

23rd Mar 2022

Full Federal Court Doubles Down on Pharmaceutical Patent Term Extensions

In two appeal judgements handed down concurrently on 18 March 2022, the Full Federal Court has clarified that a pharmaceutical patent term extension (PTE) for a patent should be...

In two appeal judgements handed down concurrently on 18 March 2022, the Full Federal Court has clarified that a...

14th Feb 2022

Australia’s Patent Box One Step Closer: Bill introduced into Australian Parliament

Eligibility proposed for Australia’s patent box regime for Australian medical and biotechnology industries is now clear, following the introduction of the Treasury Laws Amendment (Tax Concession for Australian Medical...

Eligibility proposed for Australia’s patent box regime for Australian medical and biotechnology industries is now clear, following the introduction...

13th Jul 2021

Australia not in “Harmony” with US: Australia upholds the patentability of diagnostic methods involving natural phenomena

The Federal Court of Australia has upheld a decision to allow patents to diagnostic methods involving the practical application of natural phenomena (including nucleotides) in the case of Ariosa...

The Federal Court of Australia has upheld a decision to allow patents to diagnostic methods involving the practical application...

7th Jul 2021

Validity and infringement of diagnostic method claims

Ariosa Diagnostics, Inc v Sequenom, Inc FCAFC 101 The Full Court of the Federal Court of Australia has confirmed that Sequenom’s diagnostic method of detecting fetal DNA in maternal...

Ariosa Diagnostics, Inc v Sequenom, Inc FCAFC 101 The Full Court of the Federal Court of Australia has confirmed...

7th Jul 2021

China update – patent linkage system in China: official implementation measures come into effect

On 4th July 2021, the Measures for Implementation of an Early Resolution Mechanism for Pharmaceutical Patent Disputes (Trial Implementation) (“Measures”) were officially published on the website of National Medical...

On 4th July 2021, the Measures for Implementation of an Early Resolution Mechanism for Pharmaceutical Patent Disputes (Trial Implementation)...

21st Jun 2021

Patent term extensions in Australia: Ono “first regulatory approval” decision overturned

Australia’s Federal Court Decision, Ono Pharmaceutical Co, Ltd v Commissioner of Patents FCA 643, overturns the Patent Office Decision, Ono Pharmaceutical Co., Ltd. et al APO 43,...

Australia’s Federal Court Decision, Ono Pharmaceutical Co, Ltd v Commissioner of Patents FCA 643, overturns the Patent Office...

13th May 2021

Australia’s New Patent Box: Unboxed

Following a cacophony of dire warnings and lobbying over the past decade from the Australian biotechnology and medical sectors, and the sudden sharp focus of middle Australia on the...

Following a cacophony of dire warnings and lobbying over the past decade from the Australian biotechnology and medical sectors,...

12th May 2021

Federal budget 2021: patent box regime announced for Australian medical and biotechnology patents

As part of Federal budget measures to foster innovation, commercialisation, and manufacturing in Australia, the Federal Government has announced yesterday the introduction of a patent box tax regime for...

As part of Federal budget measures to foster innovation, commercialisation, and manufacturing in Australia, the Federal Government has announced...

22nd Mar 2021

TGA proposes far-reaching changes to support the repurposing of prescription medicines

The Therapeutic Goods Administration (TGA) has commenced a timely public consultation into the repurposing of prescription medicines, which seeks to better understand the incentives and potential hurdles influencing sponsors’...

The Therapeutic Goods Administration (TGA) has commenced a timely public consultation into the repurposing of prescription medicines, which seeks...

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...

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...

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...