PATENTS – method claims – method claims that do not result in a product – patent area – infringement – infringement where method claims are partially performed offshore – exploit – exclusive rights given by patent – object of the Patents Act 1990 (Cth) PRACTICE AND PROCEDURE – interlocutory application for summary dismissal – novel question of law – application dismissed
Recent cases about patent infringement
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AstraZeneca AB v Pharmacor Pty Ltd [2026] FCA 88
PATENTS – patent entitled “C-aryl glucoside SGLT2 inhibitors and method” which relates to the chemical compound ‘dapagliflozin’– consideration of principles relating to selection patents and whether they form part of Australian law PRACTICE AND PROCEDURE – patents – interlocutory injunction application to restrain launch of generic products prior to expiry of term of patent –…
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Janssen Pharmaceutica NV v Juno Pharmaceuticals Pty Ltd [2025] FCA 1538
PRACTICE AND PROCEDURE – patents – interlocutory injunction application – prime facie case – infringement – validity of patent – inventive step – false suggestion – balance of convenience – application granted PATENTS – paliperidone palmitate long-acting injectable – infringement – regimen claim – method of treatment claim – Swiss claim – authorisation or participation…
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Vehicle Monitoring Systems PL v SARB Management Group PL (No 13) [2025] FCA 1078
PATENTS – infringement – Patents Act 1990 (Cth) s 122(1) – election between damages and account of profits – time of election – whether applicant should be compelled to make election before evidence is filed – balance between informed choice and efficient conduct of case – applicant ordered to make election within 21 days.
