patent Archives - King & Wood Mallesons Pulse

Fast drugs, new drugs: new opportunities in the healthcare industry in Australia and China

27 April 2018

Chinese and Australian businesses looking for overseas opportunities to expand in the healthcare industry should be aware of important regulatory changes that are taking place in both China and Australia.

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Second throw of the dice unsuccessful: Full Federal Court confirms Hepatitis C drug patent is invalid

21 December 2017

By Suzy Madar

The recent decision of the Full Court in Idenix Pharmaceuticals v Gilead Sciences [2017] FCAFC 196 illustrates the power of the grounds of lack of utility and lack of sufficiency under section 40 of the Patents Act when challenging the validity of a patent.

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Stuck between some wine and a hard case – some lessons from the Barokes “wine in a can” saga

27 June 2017

By Katie Warner

Every now and then a case cracks open a delicious mix of intellectual property and commercial problems.

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Off to a running start? Federal Court of Australia permits generic manufacturer to make PBS application before patent expiry

28 April 2017

By Kim O'Connell

Can a manufacturer apply for Pharmaceutical Benefits Scheme (PBS) approval for a generic drug before the patent has expired?

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Don’t you wanna dance with me? US Supreme Court to hear Amgen v Sandoz biosimilars case

24 January 2017

By Alex Horne

The US Supreme Court has granted petitions for certiorari in Amgen v.

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Productivity Commission’s final report pulls no punches on patents

21 December 2016

By David Fixler

Yesterday the Productivity Commission published its final report on Australia’s IP system.

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High Court States the Obvious: AstraZeneca AB v Apotex Pty Ltd Appeal Decided

3 September 2015

By Kim O'Connell

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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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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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More lessons on patent amendment

9 March 2015

By Jarred Bambridge

6 years after our “Lessons about patent amendment” post the Federal Court has handed down another decision in the same proceeding (Apotex v Les Laboratories Servier (No 4) [2015] FCA) about amending a patent under s 105 of the Patents Act.

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