PATENTS – construction – invalidity – whether claims 1 and 4 of innovation patent lack novelty – factual dispute concerning public availability – whether lack of innovative step – whether sole director of company authorised infringement of claims – whether sole director is liable as a joint tortfeasor – where claims 1 and 4 found to be invalid as lacked novelty and innovative step
Recent cases about patent invalidity
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Cipla Australia Pty Ltd v Novo Nordisk A/S [2024] FCA 1414
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…
