PATENTS – patent for controlled release aripiprazole formulations and methods for preparing and using such formulations – validity of extension of term of patent – validity of claims – whether pharmaceutical substance per se – whether pharmaceutical substance can include formulations – whether formulations can only include substances which have therapeutic use – whether pharmaceutical substances fall within scope of claims within meaning of s 70(2) Patents Act 1990 (Cth) – whether goods on the Australian Register of Therapeutic Goods take all of the features of the pharmaceutical substance as required by s 70(3) Patents Act 1990 (Cth)
PATENTS – whether claims limited by result – validity of claims – whether claims should be revoked for lack of clarity and lack of definition – s 40(2)(b) Patents Act 1990 (Cth) – s 40(3) Patents Act 1990 (Cth)
Related Federal Court case
Related Federal Court patent cases
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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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UON Pty Ltd v Hoascar (No 2) [2025] FCA 1608
INTELLECTUAL PROPERTY – confidentiality – interlocutory application to strike out parts of statement of claim – confidential information disclosed during employment for developing and testing system – contractual obligations of confidence – equitable obligations of confidence – confidentiality claims in statement of claim said to be untenable due to finding in related proceeding that 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…
