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.
Recent cases about patent infringement
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Sun Pharma ANZ Pty Ltd v Otsuka Pharmaceutical Co Ltd [2025] FCA 44
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…
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Sun Pharma ANZ Pty Ltd v Otsuka Pharmaceutical Co Ltd [2025] FCA 44
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…
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Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd [2024] FCA 1488
PATENTS – application for an interlocutory injunction by patent holder – where generic recently launched – where patent holder is claiming for infringement – where patent alleged to be invalid – whether balance of convenience favours the grant of an injunction – where there has been substantial delay on the part of the patent holder…
