PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients (APIs) – claim construction – whether claim covers a pharmaceutical composition where the API is in the form of a complex in which the ions are associated by non-covalent bonds
PATENTS – identity of the person skilled in the art – where the person skilled in the art is understood as a “team” – discussion of the characteristics of the person skilled in the art
PATENTS – validity – lack of inventive step – availability of prior art information – whether person skilled in the art could be reasonably expected to have ascertained and regarded as relevant certain prior art publications
PATENTS – validity – lack of inventive step – discussion of the reformulated “Cripps question” – whether obviousness established on the evidence
PATENTS – extension of patent term – whether extension validly granted – whether rectification of the Register of Patents should be ordered
Related cases
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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 –…
