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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Sanofi v Amgen Inc. [2023] FCA 264
PATENTS – whether order for discovery of documents should be made in appeal pursuant to s 60(4) of the Patents Act 1990 (Cth) – whether appellant should be granted leave to rely on experimental proof pursuant to r 34.50(2)(b) of the Federal Court Rules 2011 (Cth) in said appeal Held: discovery refused – leave under r 34.50(2)(b) granted…
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The Noco Company v Hong Kong Haowei Technology Co., Ltd. [2023] FCA 533
PRACTICE AND PROCEDURE – service out of the jurisdiction – substituted service – where the respondents are registered in Hong Kong and China – where the applicant claims that the respondents are infringing its Australian patents by conduct in Australia and seeks injunctive relief – where the applicant contends that it is not practicable to…
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Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 4) [2023] FCA 517
PRACTICE AND PROCEDURE —– application for freezing orders against respondents to a proceeding for patent infringement and a third party —– third party holds security interests over intellectual property assets of first respondent and member of same group of companies as respondents —– liability previously determined in favour of applicant against respondents —– hearing on…
