PATENTS – patent for formulations of liraglutide – validity of extension of term of patent – where application for extension must concern a patent which discloses a ‘pharmaceutical substance per se’ under s 70 of the Patents Act 1990 – whether ‘pharmaceutical substance’ includes formulations of active ingredients and excipients – whether excipients required to be for distinct therapeutic use
Related Federal Court patent cases
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Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 3) [2024] FCA 212
PATENTS – operation of 23(2)(a) of the Judiciary Act 1903 (Cth) – split decision of the High Court of Australia – where decision of the Full Court of the Federal Court of Australia affirmed – approach to be taken by single judge on remitter – whether Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents…
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MSA 4×4 Accessories Pty Ltd v Clearview Towing Mirrors Pty Ltd [2024] FCA 24
PATENTS – patent for apparatus for storing or holding items – claim construction – infringement – validity PATENTS – infringement – construction of claims – no infringement found PATENTS – validity – novelty – whether prior publications being patent and patent applications anticipated claimed invention PATENTS – validity – lack of inventive step – ground…
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Novartis AG v Pharmacor Pty Limited (No 2) [2023] FCA 963
PRACTICE AND PROCEDURE – patents – interlocutory application for question to be heard separately pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth) – where proposed separate question concerns the relevant time at which a patent applicant’s knowledge of the best method is to be fixed for the purposes of s 40(2)(a) of…
