IP Whiteboard

Breaking news – Generics knock out anti-depressant patent

31 October 2011

The Full Court of the Federal Court of Australia on Friday upheld a claim by Alphapharm (together with Sigma and Generic Health) that claims 1 to 17 and 27 of Wyeth’s patent relating to venlafaxine, an anti-depressant used in the treatment of depression, are invalid.

Mallesons acted for Alphapharm in the proceeding.

Branched meanings: Lexicography of ‘branched alkyl’ decides Moderna’s COVID-19 vaccine patent dispute

1 July 2025

By Suzy Madar, Emily King

The United States Court of Appeals for the Federal Circuit (CAFC) recently decided that Moderna’s mRNA-based COVID-19 vaccine, SPIKEVAX®, did not infringe Alnylam’s patents because the cationic lipid used in the vaccine, SM-102, was not a cationic lipid with a ‘branched alkyl’ group.[1] The case turned on the proper construction of ‘branched alkyl’.

Read on