News

25th Jul 2019

The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation  FCAFC 115 clarifies the position on an area of law that,...

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation  FCAFC...

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1st Jul 2019

Genes, genetic applications and patent eligibility: Australia continues to be a gene-patent friendly jurisdiction

Non-invasive prenatal genetic testing based on maternal blood sampling is replacing older invasive forms of testing – a paradigm shift in prenatal medicine. The patent rights associated with these...

Non-invasive prenatal genetic testing based on maternal blood sampling is replacing older invasive forms of testing – a paradigm...

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9th May 2018

“Promising” development for ESCO Corporation

ESCO Corporation v Ronneby Road Pty Ltd FCAFC 46 We previously reported the Federal Court decision in Ronneby Road Pty Ltd v ESCO Corporation  FCA 588  in which all claims...

ESCO Corporation v Ronneby Road Pty Ltd FCAFC 46 We previously reported the Federal Court decision in Ronneby Road Pty...

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30th Nov 2017

Pfizer succeeds in Full Federal Court appeal and will now receive preliminary discovery regarding possible infringement of biological medicine process patents

We previously reported on the 21 March 2017 decision of Burley J of the Federal Court of Australia in Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd  FCA 285, in which...

We previously reported on the 21 March 2017 decision of Burley J of the Federal Court of Australia in Pfizer Ireland Pharmaceuticals...

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15th May 2017

Amendments to a patent during court proceedings – how much transparency is required?

In Apotex Pty Ltd v ICOS Corporation  FCA 466, the Federal Court has provided guidance regarding the level of disclosure required by a patentee in order for a court to...

In Apotex Pty Ltd v ICOS Corporation  FCA 466, the Federal Court has provided guidance regarding the level of disclosure...

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8th May 2017

Bayer awarded indemnity costs against Generic Health in Yasmin patent litigation

Earlier this year Jagot J of the Federal Court of Australia ordered Generic Health to pay Bayer $25,437,966 in damages plus interest to compensate for lost revenue caused by generic product sales...

Earlier this year Jagot J of the Federal Court of Australia ordered Generic Health to pay Bayer $25,437,966 in...

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1st May 2017

Another small victory for Australian Government in pursuit of damages for PBS “over-payments”

The Australian Government has had another small victory in the most recent interlocutory decision in the clopidogrel damages enquiry, which is likely to be the test case for its...

The Australian Government has had another small victory in the most recent interlocutory decision in the clopidogrel damages enquiry,...

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23rd Apr 2017

Excesses of innovation patent damages pulled back

In a significant decision, the Full Federal Court has overturned an earlier single judge Federal Court decision regarding the date from which infringement of an innovation patent can occur....

In a significant decision, the Full Federal Court has overturned an earlier single judge Federal Court decision regarding the...

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24th Mar 2017

Federal Court of Australia dismisses preliminary discovery application regarding biosimilar suspected of infringing manufacturing process patents

In the recent decision of Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd  FCA 285 (21 March 2017), Justice Stephen Burley of the Federal Court of Australia has delivered...

In the recent decision of Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd  FCA 285 (21 March 2017), Justice...

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23rd Feb 2017

The importance of Swiss-style claims in Australia

The Federal Court has recently issued a decision that highlights the importance of including Swiss-style claims in Australian pharmaceutical patents. As reported previously, the Federal Court (Nicholas J) confirmed in Apotex Pty...

The Federal Court has recently issued a decision that highlights the importance of including Swiss-style claims in Australian pharmaceutical...

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17th Feb 2017

Federal Court of Australia confirms that offers made during patent term to supply after patent expiry constitute infringement

This week the Federal Court of Australia (Nicholas J) delivered a significant judgment in Apotex Pty Ltd v Warner-Lambert Company LLC (No 3)  FCA 94, confirming that an Australian patent...

This week the Federal Court of Australia (Nicholas J) delivered a significant judgment in Apotex Pty Ltd v Warner-Lambert Company...

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17th Jan 2017

User pays but who gets paid? The vexed question of damages for copyright infringement

The long running litigation in New Zealand between Oraka Technologies and Geostel/Napier Tool & Die over copyright in an asparagus grading machine hit the Court of Appeal again late...

The long running litigation in New Zealand between Oraka Technologies and Geostel/Napier Tool & Die over copyright in an...

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