Commissioner of Patents v Thaler [2022] FCAFC 62Date:Court:Judges:13 April 2022Full Court of the Federal Court of AustraliaAllsop CJ, Nicholas, Yates, Moshinsky and Burley...
Artificial intelligence cannot be a patent inventor
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Pearce IP BioBlast w/e 15 April 2022
11 Apr 22 | CA | Celltrion announced the launch of Yuflyma® (high-concentration, low-volume, citrate-free and latex-free biosimilar adalimumab) in Canada. Yuflyma® is approved...
The Full Federal Court overturns AI inventorship in Australia
An enlarged bench of the Full Court of the Federal Court has overturned a first instance decision, reported here, by confirming that artificial intelligence (AI) cannot be named...
Interlocutory Injunction To Restrain Further Threats Of Patent Infringement Proceedings Granted In Car Park Scrap
In the first such judgment since the 1980s, Justice Moshinsky has granted an interlocutory injunction to prevent TMA from threatening patent infringement proceedings against...
Our 2022 Client Survey Results are in!
Thank you to all our clients who participated in the inaugural 2022 Pearce IP “We Hear You” survey. The responses we received included clients providing over 45% of Pearce IP’s...
Pearce IP BioBlast w/e 8 April 2022
31 March 22 | Fresenius Kabi announced that it has bought a majority stake (55%) in mAbxience, a company specialising in biosimilars, for an upfront EUR 495 million plus...
Full Court confirms expert evidence out of fingolimod trial
Novartis AG v Pharmacor Pty Ltd [2022] FCAFC 58 Date:Court:Judges:4 April 2022Full Federal Court of AustraliaYates, Beach and Moshinsky JJBackground Primary proceedings...
Patent litigation in Australia just got a little cheaper
Full Court confirms duplicative expert evidence legitimately excluded on discretionary grounds
The Full Court’s refusal of leave to appeal today in Novartis AG v Pharmacor Pty Limited [2022] FCAFC 58 is good news for the cost of patent litigation in Australia: it may have...
The recipe for success: CSIRO launches bold new protein roadmap
In the quest for a more sustainable future, not least of all in response to the pressing issues of climate change and global population growth, innovative agri-technology and...
Australian Government commits to claim damages from originator pharmaceutical companies where generic entry is unduly delayed
In its 2022-23 Budget, the Coalition Government has stated that it will continue to fund litigation against originator pharmaceutical companies that prevent generic versions of...
Pearce IP BioBlast w/e 1 April 2022
28 Mar 22 | Aurobindo announced that it will acquire certain business assets from Veritaz (the supplier of branded generic formulations and other health care products) for Rs 171...
Gene Therapy 22/23 Budget Announcement Big News for Australian Patients, and for Novartis
The Australian treasurer, Josh Frydenberg used his budget speech yesterday to make several announcements in relation to new pharmaceuticals to be listed in the Australian...
AU Budget 22-23: Highlights for Health, Pharma/Biopharma, Life Sciences & Agribusiness
In the Coalition Government’s Budget for the financial year 2022-23, it sets out the investments that it would make should the Coalition remain in power after the next election,...
Pearce IP BioBlast w/e 25 March 2022
19 Mar 22 | US | Amgen and Pfizer settled their pegfilgrastim (Neulasta®) dispute Amgen Inc v Hospira Inc (D. Del., No. 20-201) which has been on foot since February 2020. No...
Full Federal Court clarifies rules for patent term extensions – Part 2
Commissioner of Patents v Ono Pharmaceutical Co. Ltd & Anr [2022] FCAFC 39 Date:Court:Judges:18 March 2022Full Federal Court of AustraliaAllsop CJ, Yates and Burley...
Full Federal Court clarifies rules for patent term extensions – Part 1
Merck Sharp & Dohme & Anor v Sandoz Pty Ltd [2022] FCAFC 40 Date:Court:Judges:18 March 2022Full Federal Court of AustraliaAllsop CJ, Yates and Burley JJBackground...
Pearce IP BioBlast w/e 18 March 2022
14 Mar 22 | OcyonBio announced that it has entered into a manufacturing and operations agreement with Biosimilar Solutions Inc. to create a contract biosimilars...
Pharmacia’s Dynastat patent valid, imminent patent expiry no reason to avoid injunction
Introduction Pharmacia LLC and Pfizer Australia Pty Ltd (together, Pharmacia) have partially succeeded at first instance in their claim against Juno Pharmaceuticals Pty Ltd...
High Court Puts The Brakes On Damages Recovery During Patent Term Extension
Introduction The decision of the High Court in H. Lundbeck A/S v Sandoz Pty Ltd [2022] HCA 4 (Lundbeck) last week concerning allegations of patent infringement in respect of...
Breaking News – Full Court strikes down two PTEs
A PTE must be based on the earliest approved product even when it is a competitor product.
On 18 March 2022, the Full Court gave highly awaited judgments in two cases[1] concerning the validity of patent term extensions (PTEs) in Australia. Together, these judgments...
High Court puts the brakes on damages recovery during patent term extension
H. Lundbeck A/S v Sandoz Pty Ltd; CNS Pharma Pty Ltd v Sandoz Pty Ltd [2022] HCA 4Date:Court:Judges:9 March 2022High Court of AustraliaGaegler, Edelman, Steward and Gleeson...
Vector Corrosion fails to cement entitlement claim
Vector Corrosion Technologies Limited v E-Chem Technologies Ltd [2022] FCA 188 Date:Court:Judge:9 March 2022Federal Court of AustraliaJagot JBackground Vector Corrosion...
Removing Patent Barriers in Australia
In this 55 minute Masterclass, a panel of award winning senior Pearce IP lawyers and patent attorneys discussed the strategic options available to challenge patent rights in Australia, and the ideal circumstances in which each option might be deployed.
Pearce IP BioBlast w/e 11 March 2022
03 Mar 22 | US | FDA announced a new funding opportunity for the BsUFA III Regulatory Science Program to support research projects that “enhance biosimilar and interchangeable...
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