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Novartis AG v Pharmacor PL [2025] FCAFC 33
PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients – claim construction – whether primary judge erred in construction of claim as not including a pharmaceutical composition where the active pharmaceutical ingredient is in the form of a complex in which the ions are associated by non-covalent bonds –…
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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…
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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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Native Extracts Pty Ltd v Plant Extracts Pty Ltd (No 2) [2024] FCA 106
INTELLECTUAL PROPERTY – whether information about extraction machine was confidential information owned by company where second respondent was former director – where machine had been identified by directors as suitable for proposed business prior to incorporation of company – where second respondent was informed about machine by third party on unrestricted basis – where evidence…
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RB (Hygiene Home) Australia Pty Ltd v Proctor & Gamble Australia Pty Limited (No 3) [2023] FCA 1650
COSTS – determination of appropriate costs order – where application successful in part – where cross-claim successful – where applicant rejected offer of compromise Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1650For more information, see the original judgement.
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Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
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