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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Aristocrat Technologies Australia Pty Limited v Commissioner of Patents (No 3) [2024] FCA 212
PATENTS – operation of 23(2)(a) of the Judiciary Act 1903 (Cth) – split decision of the High Court of Australia – where decision of the Full Court of the Federal Court of Australia affirmed – approach to be taken by single judge on remitter – whether Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents…
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MSA 4×4 Accessories Pty Ltd v Clearview Towing Mirrors Pty Ltd [2024] FCA 24
PATENTS – patent for apparatus for storing or holding items – claim construction – infringement – validity PATENTS – infringement – construction of claims – no infringement found PATENTS – validity – novelty – whether prior publications being patent and patent applications anticipated claimed invention PATENTS – validity – lack of inventive step – ground…
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Novartis AG v Pharmacor Pty Limited (No 2) [2023] FCA 963
PRACTICE AND PROCEDURE – patents – interlocutory application for question to be heard separately pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth) – where proposed separate question concerns the relevant time at which a patent applicant’s knowledge of the best method is to be fixed for the purposes of s 40(2)(a) of…
