The recent Federal Court of Australia decision of Boehringer Ingelheim Animal Health USA Inc v Zoetis Services LLC1 has (on one aspect) highlighted the ongoing attention given by the Federal Court of Australia upon the construction of the word “comprising” in the main claims of patents. The Court’s construction of the word “comprising” in the […]
Biotechnology Patent Update
The recent Australia Patent Office decision of Zoetis Services LLC v Boehringer Ingelheim Vetmedica GmbH [2024] APO 4 dated 8th February 2024 has (on one aspect) highlighted the challenge for clinical researchers and innovators when reporting interim clinical trial results by way of press releases. The Australian Patent Office held that the press release reporting […]
Extension of time
The recent Australia Patent Office decision in Bioverativ Therapeutics Inc. [2023] APO 64 highlights one aspect being, if a patent applicant wishes to seek an extension of time to file a divisional application under section 223(2) Patents Act 1990 (Cth), the applicant must satisfy the following grounds: (i) That the applicant must possess the requisite […]
Market-Size Damages
The High Court of Australia has granted special leave to appeal from the decision of the Full Federal Court of Australia in Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) 2023 FCAFC 97. The High Court of Australia indicated that questions concerning the legal rules for the assessment of damages flowing from an undertaking as to […]
Market-Size Damages & Australian Preliminary Injunctions
Summary Having regard to the recent decision of Commonwealth of Australia v Sanofi (formerly Sanofi-Aventis) 2023 FCAFC 97, pharmaceutical originator patentees seeking to prevent the entry of a generic drug into the Australian market through a preliminary injunction, need to be aware that the Australian Government has a right to seek “market-size damages” from the […]
Australia: Patent Box – Expansion to Agricultural and Low Emissions Innovations
In its Budget 2022-23, the Australian Government announced major expansions to the proposed ‘Patent Box’ scheme providing concessional tax treatment to eligible income for Australian corporate taxpayers. The Government will now expand the scheme to support innovations in the Australian agricultural sector, specifically: In addition, the Government will provide concessional tax treatment for corporate taxpayers […]