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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Nutrafruit Pty Ltd v Fivefifty5 Super Foods Pty Ltd [2024] FCA 1218
PRACTICE AND PROCEDURE – leave to withdraw an admission – where first to third respondents admitted that there have been at least 15,000 Queen Garnet trees on relevant property – where precise number of trees remains an issue in the proceedings – where no prejudice to the applicant
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Dei Gratia Pty Ltd v Commissioner of Patents [2024] FCA 1145
PATENTS – a logistics facility and related systems and methods for the provision of goods or services to an end user – network of modified local outlets – manner of manufacture – s 18(a) of the Patents Act 1990 (Cth) – computer-implemented scheme – patentability of a computer-implemented scheme – use of computers for their…
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Glass Hardware Australia Pty Ltd v TCT Group Pty Ltd [2024] FCAFC 95
PATENTS – innovation patent relating to hinges – infringement – validity – whether primary judge erred in the proper construction of the invention disclosed PATENTS – validity – lack of clear and complete description – classical sufficiency – “relevant range” – s 40(2)(a) of the Patents Act 1990 (Cth) – whether primary judge erred in…
