News

19th Feb 2024

Introducing the new Spruson & Ferguson brand

Today, Spruson & Ferguson is proud to unveil our new brand. Our new brand builds on our position as a market leader in intellectual property services, and defines what will...

Today, Spruson & Ferguson is proud to unveil our new brand. Our new brand builds on our position as a...

Read More

11th Feb 2022

Testing times for Taiho’s Swiss-style claims

Most practitioners would agree that Swiss-style claims are not their favourite claim format. Swiss-style claims can be difficult to formulate or construe, particularly if the medical use in question...

Most practitioners would agree that Swiss-style claims are not their favourite claim format. Swiss-style claims can be difficult to...

Read More

3rd Jun 2021

Australian patent practice note: Recent changes to examination practice for claims to crystalline polymorphs

The Australian Patent Office appears to have recently changed their examination practice regarding the support requirements for claims directed to crystalline polymorphs. Given that we have not yet seen...

The Australian Patent Office appears to have recently changed their examination practice regarding the support requirements for claims directed...

Read More

24th Sep 2019

Mixed Messages on Infringement of Medical Use Claims and Putting a Number on Expectation of Success

Mylan Health Pty Ltd (formerly BGP Products Pty Ltd) v Sun Pharma ANZ Pty Ltd (formerly Ranbaxy Australia Pty Ltd) FCA 28 (‘Mylan v Sun Pharma’) concerns three...

Mylan Health Pty Ltd (formerly BGP Products Pty Ltd) v Sun Pharma ANZ Pty Ltd (formerly Ranbaxy Australia Pty...

Read More

27th Sep 2018

Clarification on Data Collection Requirements for Patent Term Extensions: Section 76A Repealed

Patentees applying for patent term extensions (PTE) in Australia may be familiar with section 76A of the Patents Act 1990, which required that the Department of Health be notified...

Patentees applying for patent term extensions (PTE) in Australia may be familiar with section 76A of the Patents Act...

Read More

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...

Read More

31st Aug 2017

Commonwealth of Australia v Sanofi: Hearing of Commonwealth’s Claim Commences in Federal Court of Australia

A six-week hearing in the Federal Court of Australia commenced this week to decide whether the Commonwealth is entitled to damages related to generics being delayed from listing on...

A six-week hearing in the Federal Court of Australia commenced this week to decide whether the Commonwealth is entitled...

Read More

18th Aug 2017

Australia Update: Patent Term Extensions Not Available on the Basis of Swiss-style Claims

AbbVie Biotechnology Ltd v Commissioner of Patents AATA 682 has been overturned. Today, the Full Federal Court set aside a decision of the Administrative Appeals Tribunal thereby making...

AbbVie Biotechnology Ltd v Commissioner of Patents AATA 682 has been overturned. Today, the Full Federal Court set...

Read More

18th Apr 2017

Full Federal Court confirms that applying for PBS listing may not be an infringement

On appeal from Apotex Pty Ltd v Warner-Lambert LLC (No 3) FCA 94, which we recently reported on here, the Full Federal Court has confirmed in Warner-Lambert Company...

On appeal from Apotex Pty Ltd v Warner-Lambert LLC (No 3) FCA 94, which we recently reported on...

Read More

1st Mar 2016

Second Medical Use Claims in Australia

The pharmaceutical industry is an important driver of patent activity. Amongst the protections sought are second medical uses, wherein a known substance is to be used in a novel...

The pharmaceutical industry is an important driver of patent activity. Amongst the protections sought are second medical uses, wherein...

Read More