James Ellsmore, Author at King & Wood Mallesons Pulse

Generic supplier obtains substantial reduction in damages awarded against it

11 December 2018

Earlier this month, we reported on the Full Court’s decision in Generic Health v Bayer [2018] FCAFC 183, in which the Full Court clarified that when estimating or valuing a lost opportunity or assessing a hypothetical counterfactual for any scenario short of certainty, some discount must be made to reflect that less than certain position.

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Gene editing and genetic engineering techniques

7 June 2018

By James Ellsmore

Continuing our series on biotechnology for #Bio2018, this post looks at the development of new gene editing and genetic engineering techniques – a key trend shaping the biotechnology industry.

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Generic Health succeeds in invalidating patent for aripiprazole: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 4) [2015] FCA 634

7 July 2015

By James Ellsmore

Generic Health is perhaps a step closer to bringing its generic version of the antipsychotic drug aripiprazole to market in Australia after Justice Yates struck down one of Otsuka’s patents for the drug.

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Is your computer-implemented business method patentable? The Full Federal Court dismisses Research Affiliates’ appeal

11 November 2014

By James Ellsmore

A unanimous Full Federal Court has held that a computer implemented method of creating an investment index is not patentable, on the basis that the substance of the claimed invention – an abstract idea or scheme – is itself not patentable subject matter and just because the claimed invention could be implemented using a computer does not make it patentable.

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Unanimous Full Court dismisses Research Affiliates’ appeal

10 November 2014

By James Ellsmore

In a decision handed down this afternoon, the Full Court has unanimously dismissed an appeal by Research Affiliates LLC from a decision of Justice Emmett in 2013 (summary here).

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High Court grants special leave to appeal extension of time in pharmaceutical patent case

15 April 2014

By James Ellsmore

Last Friday the High Court of Australia granted Alphapharm special leave to appeal from a decision of the Full Federal Court in Aspen Pharma Pty Ltd v H Lundbeck A/S FCAFC 129. The Full Court’s decision affirmed an earlier decision of the Administrative Appeals Tribunal to grant Lundbeck an extension of time in which to make an application to extend the term of its patent for (+)-citalopram.

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Did Australia’s liberal approach to naming political parties backfire?!

16 September 2013

By James Ellsmore

As the dust settles on last Saturday’s Federal election, one of the more interesting outcomes to emerge is the likely election of six new Senators from five ‘micro’ parties – the Palmer United Party, the Family First party, the Australian Motor Enthusiast Party, the Australian Sports Party and the Liberal Democrats.

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