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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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Hix Investment Pty Ltd v Wong [2024] FCA 1461
PRACTICE AND PROCEDURE – application for interlocutory injunction restraining the reproduction of plans and 3D images of portable homes products – where the applicant alleges the respondents copied the plans and 3D images in the portable homes products in infringement of the applicant’s copyright – former employee’s fiduciary and contractual obligations – misuse of confidential…
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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…
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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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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…
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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…
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RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd (No 2) [2024] FCAFC 92
COSTS – application for variation to costs orders – appropriate order as to costs – where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge – where respondent’s validity arguments raised only in response to infringement case – where appellants successful in demonstrating appealable error –…
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Kazar (liquidator) v Doshi, in the matter of PF1 Solutions Pty Ltd (in liq) (No 2) [2024] FCA 735
PRACTICE AND PROCEDURE — Application for ex parte freezing orders pursuant to s 1323(1) of the Corporations Act 2001 (Cth) — interim orders sought pursuant to s 1323 (3) of the Act together with ancillary orders — application for interim and ancillary orders granted Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0735For more information, see the original judgement.
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Munkara v Santos NA Barossa Pty Ltd (No 3) [2024] FCA 9
ENVIRONMENTAL LAW – where the respondent holds a pipeline licence issued under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) authorising it to construct a 262km long gas export pipeline in the Timor Sea – where the applicants are Aboriginal people from the Tiwi Islands – where the pipeline would pass the west…
Scientific and technical
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