Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) (No 5) [2020] FCA 543
As reported in our article of July 2017, the Commonwealth has been seeking to establish its entitlement to damages pursuant to the usual undertaking given in connection with an interlocutory injunction granted in patent infringement proceedings. The undertaking was given by the ultimately unsuccessful patentee in connection with clopidogrel (Plavix), a “blockbuster” drug that was listed on the Pharmaceutical Benefit Scheme, and the Commonwealth’s claim for damages was in the amount of approximately A$325 million. In this long awaited decision, Justice Nicholas dismissed the Commonwealth’s application for damages. We will provide our analysis of this decision and its potential ramifications in an upcoming article.