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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Southern Cross Industrial Group PL v Mickala Mining Maintenance PL (Liability Trial) [2025] FCA 1363
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…
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Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (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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The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
The NOCO Company v Brown and Watson International Pty Ltd [2025] FCA 887
