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
-
Zoetis Services LLC v Boehringer Ingelheim Animal Health USA Inc [2024] FCAFC 145
PATENTS – patents for supernatant vaccine against diseases affecting pigs PATENTS – validity – best method – where antigen concentrations of vaccine disclosed as a range – whether antigen concentrations material to the advantages claimed of the invention – consideration of Firebelt Pty Ltd v Brambles Australia Ltd [2000] FCA 1689; 51 IPR 531 –…
-
Novartis AG v Pharmacor Pty Limited (No 3) [2024] FCA 1307
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…
-
Sandoz AG v Bayer Intellectual Property GmbH [2024] FCAFC 135
PATENTS – whether skilled person could be reasonably expected to have ascertained international patent publication – where patent database would have been one of the databases searched by person skilled in the art – where expert provided with search results which formed a subset of larger set of search results which would have been derived…
