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BREAKING NEWS: The High Court of Australia today granted special leave to Otsuka to appeal the decision of the Full Federal Court in Otsuka v Sun Pharma [2025] FCAFC 161 in which it unanimously held that pharmaceutical formulation patents are ineligible for patent term extension (PTE) in Australia.

FORXIGA® Injunction Breaks New Ground. As we have previously reported, Justice Downes of the Federal Court of Australia has set a new record for expedition in the patent dispute between AstraZeneca and Pharmacor, relating to the latter’s generic dapagliflozin.

Out With The In-Crowd – Gene Therapy For A Previously Excluded, Antibody-Positive Patient Group Ruled Non-Inventive. The Australian Patent Office has refused to grant a patent on Australian Patent Application 2018299865 in the name of uniQure IP B.V.

Lack of clarity sends patent claims down the drain – All Valve Industries Pty Ltd & Anor V Comino & Anor. In this article, we report on a Federal Court judgment in which Justice Halley determined two proceedings with a number of claims and cross-claims invoking statute, common law and equity.

Australian Federal Court Moves Fast in Forxiga® Injunction Case. Justice Downes of the Federal Court of Australia is setting new records for timeliness in a pharmaceutical patent case.  Following the hearing last Friday (6 February 2026), just over 7 weeks from AstraZeneca’s application for interlocutory injunction…

This decision highlights the difference between disclosure under patent law and disclosure of confidential information and confirms that, just because an invention has been made “publicly available”, this does not mean that the invention has lost its confidential nature.

Seqirus has successfully opposed Moderna’s: AU2015249553 patent application (AU553) for nucleic acid vaccines; and AU2017326423 (AU423) for high purity RNA compositions and methods for preparation of these compositions.

On 30 January 2026, two industry organisations – the Institute of Patent and Trade Mark Attorneys of Australia (IPTA) and Medicines Australia (MA) – filed applications with the High Court of Australia to intervene as amici curiae in Otsuka’s application for special leave to appeal from the decision of the Full Federal Court finding that pharmaceutical formulations are not eligible for a patent term extension (PTE).

The New Zealand Court of Appeal has allowed an appeal by New Zealand toy manufacturer, Zuru, holding that it was not trade mark infringement for Zuru to use the phrase “LEGO® BRICK COMPATIBLE” on the packaging of its plastic bricks. It also upheld the lower court’s decision that this conduct was not likely to mislead or deceive contrary to the Fair Trading Act 1986, nor did it amount to the tort of passing off.

Samsung Bioepis has successfully opposed Janssen Biotech’s AU2019346134 patent application for methods of treating ulcerative colitis with ustekinumab (Stelara®). Samsung invalidated all of the AU134 claims on the grounds of lack of novelty and obviousness.

IP Australia has dismissed Adama Agan Ltd’s (Adama) opposition to the grant of Kumiai Chemical Industry Co., Ltd’s (Kumiai) Australian patent application directed to an industrial process for producing the herbicide pyroxasulfone, with Kumiai’s patent application proceeding to grant in early January 2026.

Justice Beach of the Federal Court of Australia has granted an appeal by CSIRO overturning the APO decision that CSIRO’s patent application number AU 2017292900 (the Application) was invalid due to lack of support.