Selection patents – a developing area of law?
29 April 2013
Apotex recently failed in its attempt to have Eli Lilly's patent covering antipsychotic drug Zyprexa revoked by the Federal Court. In his judgment (Eli Lilly v Apotex), Justice Middleton considered two relatively fresh issues – the proper approach to ‘selection patents’, and the significance of differences in the naming of chemical formulae.
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