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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Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 9) [2023] FCA 632
PRACTICE AND PROCEDURE — disputes between parties about orders to be made in a proceeding involving a claim for relief in relation to the infringement of two patents and a cross-claim for a declaration of invalidity of the patents — where first respondent has disposed of part of its business — where applicant seeks addition…
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Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 8) [2023] FCA 182
PATENTS — two patents for methods, apparatuses and systems for vehicle detection and determination of vehicle overstay in time-limited parking space — wireless communication between subterraneous detection apparatus and above-ground detection collection apparatus PATENTS — claims for infringement of claims against two respondents — infringement issues – cross-claim alleging invalidity — claims for additional damages…
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Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) [2023] FCAFC 97
PATENTS – where listing of generic drug on Pharmaceutical Benefits Scheme (‘PBS’) reduces listing price and Commonwealth subsidy of non-generic form of drug – where Respondent held patent for clopidogrel – where interlocutory injunction obtained restraining generic supplier from entering market with generic clopidogrel – where generic supplier undertook not to seek PBS listing –…
