News & Insights - Spruson & Ferguson

1st Jun 2022

Inventive concept is at the heart of entitlement

Introduction Following on from our previous article where we looked at the options to contest entitlement at the Australian Patent Office under the Patents Act 1990 (under section 36 and...

Introduction Following on from our previous article where we looked at the options to contest entitlement at the Australian Patent...

26th May 2022

‘Suffering Succotash’: Someone stole my IP!

Introduction The first thought that likely comes to mind when people think of IP theft is corporate espionage. This might involve a nefarious individual who has managed to join a...

Introduction The first thought that likely comes to mind when people think of IP theft is corporate espionage. This might...

1st Jul 2021

Crowdsourcing: How is intellectual property important?

Crowdsourcing can currently be defined as “the practice of obtaining needed services, ideas, or content by soliciting contributions from a large group of people and especially from the online...

Crowdsourcing can currently be defined as “the practice of obtaining needed services, ideas, or content by soliciting contributions from...

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...

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...

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...

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...

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...

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...

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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