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
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The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
