RSS feeds1 October 2009 - 10:52am - James Ellsmore
The Full Federal Court has confirmed that Sanofi-Aventis’ patent for the drug clopidogrel (brand name Plavix) is invalid and should be revoked. Subject to the question of whether Sanofi will seek a stay pending an application for leave to appeal to the High Court, the decision clears the way for Apotex and other companies to launch their own brands of clopidogrel, a drug designed to prevent platelet aggregation and blood clots, to compete directly with Sanofi. read more »
24 September 2009 - 4:17pm - James Ellsmore
IP Australia has announced that requests for examination of patents involving green technology may be “fast-tracked”. read more »
23 September 2009 - 7:03pm - Astrid Rivalland
Do you think it's time to change the 'manner of manufacture' test?? The Advisory Council on Intellectual Property is seeking comments on a range of changes to patentable subject matter. Comments can be submitted to mail.acip@ipaustralia.gov.au by 13 November 2009. For information on submitting comments click here. read more »
22 September 2009 - 8:02pm - Rebecca Pereira
On 18 September 2009, the Treasurer and Minister for Innovation, Industry, Science and Research released a consultation paper on the new research and development tax incentive. The new R&D tax incentive, announced as part of the 2009-2010 Budget, represents a significant change to the taxation of R&D expenditure in Australia. read more »
7 September 2009 - 5:33pm - Jonathan Kelp
Mallesons has published an alert on the Full Court decision, available here.
UPDATE: The Full Federal Court has dismissed the appeal. read more »
27 August 2009 - 11:38pm - Astrid Rivalland
Justice Kenny has granted an interlocutory injunction restraining the respondents from selling like-for-like replacements of popular CT contrast dye syringes. Mallesons acted for the successful applicant. The decision helps clarify the Court’s stance on the onus of proof for injunctions in patent cases, particularly where the sale is outside the PBS. read more »
27 August 2009 - 4:54pm - Suzy Groom
The Advisory Council on Intellectual Property has released an Interim Report on Post-Grant Enforcement Strategies proposing a number of reforms, including the establishment of an IP dispute resolution centre to provide opinions in relation to validity and infringement issues, and public access to information in relation to patent related Court proceedings. read more »
27 August 2009 - 1:58pm - Natalie Hickey
Spain's magicians are reportedly outraged by the exposure of their tricks and illusions on the "Masked Magician" television show. Recent news reports indicate they are seeking legal advice on how best to protect their "IP", to avoid their craft from being undermined. read more »
20 August 2009 - 2:37pm - James Ellsmore
Kim O’Connell, patent and pharmaceutical law specialist at Mallesons, spoke yesterday at the 2nd Annual Pharmaceutical Law Conference. She joined other experts in the field to share her thoughts on the implications of some recent patent cases which have been handed down by the Federal Court. read more »
17 August 2009 - 6:19pm - David Freyne
Commercialisation of patents, particularly in the biotech sector, can be fraught with difficulties. So much is apparent from a recent NSW Supreme Court decision: Fermiscan v James. The case illustrates that a new invention, which would not have been made without knowledge of the same inventor’s prior art, is not automatically an “improvement” upon the inventor’s earlier inventions. read more »