Share
  • LinkedIn
  • Facebook
  • X
  • Threads

IP Whiteboard

Full Federal Court strikes down patent for clopidogrel

1 October 2009

The Full Federal Court has confirmed that Sanofi-Aventis’ patent for the drug clopidogrel (brand name Plavix) is invalid and should be revoked.  Subject to the question of whether Sanofi will seek a stay pending an application for leave to appeal to the High Court, the decision clears the way for Apotex and other companies to launch their own brands of clopidogrel, a drug designed to prevent platelet aggregation and blood clots, to compete directly with Sanofi.

Our analysis of the Full Court’s decision can be found here.

 

 

Share
  • LinkedIn
  • Facebook
  • X
  • Threads

More Posts From This Author

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.  In doing so, the Full Court accepted that the trial judge, Justice Jagot, fell into error by not allowing for any such discount at first instance and proceeded to reduce the damages award by 2%.
Read on

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
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.  Although it’s unclear whether the path has been cleared for the launch of generic aripiprazole, Justice Yates’ decision – which found that key claims of the patent lacked novelty and were obvious – will be of interest to generic pharmaceutical companies faced with follow-on patents for known pharmaceutical compounds.
Read on