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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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.
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EIS Gmbh v LELO Oceania Pty Ltd (Liability Trial) [2025] FCA 1111
PATENTS – validity – infringement – standard patent entitled “Pressure Wave Massager” – compression wave massage device for sexual stimulation of the clitoris – construction – meaning of claim which refers to device “when used” in a specified way – whether device must be tested when used in that way – whether results of testing…
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Scidera, Inc. v Meat and Livestock Australia Ltd (No 2) [2025] FCA 1236
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…
