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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Hanwha Solutions Corporation v REC Solar Pte Ltd [2023] FCA 1017
PATENTS – patent for method for manufacturing a solar cell with a surface-passivating dielectric double layer, and corresponding solar cell – infringement – validity – claim construction PATENTS – infringement – construction of method and product claims – no infringement found PATENTS – validity – lack of inventive step – ss 7(2) and (3) of…
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TMA Capital Australia Pty Ltd v UbiPark Pty Ltd [2024] FCAFC 85
PATENTS – patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a carpark) PATENTS – infringement – construction of integers of the claims – whether primary judge erred in finding that features in a claim were absent from the respondent’s technology – whether the…
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Elanco Australasia Pty Ltd v Abbey Laboratories Pty Ltd [2024] FCA 640
PATENTS – appeal from decisions of a Delegate of the Commissioner of Patents refusing grant of patent following amendment – patent for ectoparasitic treatment method and composition – validity – lack of inventive step – s 7(3) of the Patents Act 1990 (Cth) – appeal dismissed
