Life Science & Biotechnology – Page 5

19th Mar 2019

Third time lucky – Insights from three extension of term applications for related pharmaceutical patents

Following on from our earlier article on patent term extension (PTE) for pharmaceutical substances, three related decisions issued by the Australian Patent Office provide guidance on the requirements and...

Following on from our earlier article on patent term extension (PTE) for pharmaceutical substances, three related decisions issued by...

11th Mar 2019

Federal Court shows generics how to avoid infringement of Swiss-style claims

Under Australian practice, both method of treatment and Swiss-style claims, in the format use of in the manufacture of a medicament for the treatment of ”...

Under Australian practice, both method of treatment and Swiss-style claims, in the format use of in the...

30th Jan 2019

The Balance of Convenience in Interlocutory Injunctions: Sanofi-Aventis Deutschland GmbH v Alphapharm Pty Ltd (No 3) [2018] FCA 2060

On 19 December 2018, the Federal Court handed down a decision to refuse an application for an interlocutory injunction against Alphapharm Pty Ltd. The refusal was based on balance...

On 19 December 2018, the Federal Court handed down a decision to refuse an application for an interlocutory injunction...

15th Jan 2019

Pharmaceutical patents: Fighting a $25 million claim for damages

A recent Full Federal Court decision in Australia provides a useful insight as to how a Court in Australia will calculate damages in proceedings concerning the infringement of a...

A recent Full Federal Court decision in Australia provides a useful insight as to how a Court in Australia...

19th Dec 2018

New Zealand Update: ACTIPHEN Too Similar to ACTAZIN to Register

Anagenix opposed the Pharmazen’s application to register ACTIPHEN in connection with a range of medicinal food preparations (Class 5) and printed materials relating to those goods (Class 16).

Anagenix opposed the Pharmazen’s application to register ACTIPHEN in connection with a range of medicinal food preparations (Class 5)...

12th Dec 2018

Case Note: H Lundbeck A/S & Anor v Sandoz Pty Ltd

A recent decision of the Federal Court of Australia has demonstrated that the launch of a pharmaceutical product by a generic company even after expiry of the standard term...

A recent decision of the Federal Court of Australia has demonstrated that the launch of a pharmaceutical product by...

13th Nov 2018

Sigma Pharmaceuticals Case Clarifies Aspects of Compensable Loss

The recent decision in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth FCA 1556 has clarified, among other things, a number of issues concerning compensation arising from the usual...

The recent decision in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth FCA 1556 has clarified, among other things,...

29th Oct 2018

Pat-INFORMED: A powerful new searching tool, but don’t be left Part-INFORMED

A new database has been launched with the principal purpose of providing easily accessible and understandable information about the patent status of a specific medicine in a particular country,...

A new database has been launched with the principal purpose of providing easily accessible and understandable information about the...

24th Oct 2018

Extension of Term for Pharmaceutical Patents in Australia – Overview and Recent Developments

The Australian Patents Act (the Act) has provisions for extending the term of standard patents which relate to pharmaceutical substances. These provisions are based on the premise that a...

The Australian Patents Act (the Act) has provisions for extending the term of standard patents which relate to pharmaceutical...

24th Sep 2018

Malaysia Update – Matters Originating from Registrar of Trade Marks End at the Court of Appeal

The appellant, an international pharmaceutical company, filed a notice of opposition before the Registrar under section 28 of the Trade Marks Act 1976 ('the TMA') against the respondent’s application...

The appellant, an international pharmaceutical company, filed a notice of opposition before the Registrar under section 28 of the...

22nd Jun 2018

First interlocutory injunction granted in Australia restraining the threatened launch of a biosimilar

On 12 June 2018, Justice Burley of the Federal Court of Australia granted the first interlocutory injunction to restrain the threatened launch of a biosimilar pharmaceutical product in Australia,...

On 12 June 2018, Justice Burley of the Federal Court of Australia granted the first interlocutory injunction to restrain...

17th May 2018

A clear mistake in a claim term cannot be corrected through claim construction

In GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited FCAFC 71, the Full Federal Court has found that terms used in claims cannot...

In GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited FCAFC 71, the Full...