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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Zoetis Services LLC v Boehringer Ingelheim Animal Health USA Inc [2024] FCAFC 145
PATENTS – patents for supernatant vaccine against diseases affecting pigs PATENTS – validity – best method – where antigen concentrations of vaccine disclosed as a range – whether antigen concentrations material to the advantages claimed of the invention – consideration of Firebelt Pty Ltd v Brambles Australia Ltd [2000] FCA 1689; 51 IPR 531 –…
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Novartis AG v Pharmacor Pty Limited (No 3) [2024] FCA 1307
PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients (APIs) – claim construction – whether claim covers a pharmaceutical composition where the API is in the form of a complex in which the ions are associated by non-covalent bonds PATENTS – identity of the person skilled in the art…
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Sandoz AG v Bayer Intellectual Property GmbH [2024] FCAFC 135
PATENTS – whether skilled person could be reasonably expected to have ascertained international patent publication – where patent database would have been one of the databases searched by person skilled in the art – where expert provided with search results which formed a subset of larger set of search results which would have been derived…
