invalidity Archives - King & Wood Mallesons Pulse

Promises, promises: Full Federal Court of Australia finds invention useful in ESCO Corporation v Ronneby Road

27 June 2018

We can all be guilty of promising more than we can deliver – but for a patentee, that can be fatal for the validity of your patent.

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High Court re-invents the test for patentable subject matter and finds the patent for the isolated breast cancer gene invalid

8 October 2015

By David Fixler

The High Court has handed down a significant decision finding that patent claims for isolated gene sequences, indicative of a predisposition to breast cancer, are not patentable subject matter.

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Update: Otsuka Successful in Stay Application: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2015] FCA 848

26 August 2015

By Alex Horne

Further to our post of 7 July 2015, the proceedings brought by Otsuka and Bristol Myers Squibb (the “exclusive licensee” of Otsuka’s patents for aripiprazole) against Generic Health have taken another turn.

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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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Blindsided on prior use

24 March 2015

By Suzy Madar

A recent decision of the Full Court of the Federal Court reaffirms that not every prior use of an invention will be novelty defeating (see Damorgold Pty Ltd v JAI Products Pty Ltd [2015] FCAFC 31).

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