News

Award of special costs in Isabelle case

In a decision handed down on 4 May 2017, Bayer has been successful in obtaining special costs in the long running Isabelle case.  This follows a previous decision, handed down 16 March 2017, in which the Court ordered Generic Health to pay… Read more

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Applying for PBS listing not patent infringement

In a decision handed down on 13 April 20171, Australia’s Full Federal Court has confirmed that an application for listing a pharmaceutical product on the Pharmaceutical Benefits Scheme (PBS)2 does not constitute patent infringement.  In upholding an earlier decision of a… Read more

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Perindopril Patent Confirmed Invalid on Appeal

In a recent decision, the Australian Full Federal Court has dismissed an appeal by Servier regarding the invalidity finding for Australian patent 2003200700 directed to an arginine salt of perindopril. The Full Court upheld the decision at first instance that… Read more

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Limited injunction in Australia on Pregabalin patent

Currently in Australia the approach to interlocutory injunctions in pharmaceutical patent litigation heavily favors maintaining the status quo. This is highlighted by the fact that in recent years only one pharmaceutical case has seen an interlocutory injunction application refused. Read more

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