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Amendments to a patent during court proceedings – how much transparency is required?

In Apotex Pty Ltd v ICOS Corporation [2017] FCA 466, the Federal Court has provided guidance regarding the level of disclosure required by a patentee in order for a court to exercise its discretion in allowing amendments to the specification during court proceedings.   Eli Lilly and Company (Lilly) is the holding company of ICOS

Glasshouse Advisory Federal Budget Review

Our colleagues at Glasshouse Advisory have examined last night’s budget and explored its impact on the R & D Tax scheme, IP and what it means for companies. Click below to read the article. Glasshouse Advisory Budget MAY17  

Grow your IP through Intellectual Asset Advisory Services

Glasshouse Advisory is a specialist intellectual asset advisory firm, whose services are complementary to Shelston IP’s expertise in patents, trade marks and IP law. Glasshouse Advisory’s practice areas cover a wide range of adjacent services, including strategy, analytics and research, government incentives, valuations and monetisation.  Their core business is to help clients realise the potential

Bayer awarded indemnity costs against Generic Health in Yasmin patent litigation

Earlier this year Jagot J of the Federal Court of Australia ordered Generic Health to pay Bayer $25,437,966 in damages plus interest to compensate for lost revenue caused by generic product sales infringing its patent covering the oral contraceptive Yasmin (see our previous report at: This damages award exceeded the amount of $19,891,858 which Bayer offered to accept in

Another small victory for Australian Government in pursuit of damages for PBS “over-payments”

The Australian Government has had another small victory in the most recent interlocutory decision in the clopidogrel damages enquiry, which is likely to be the test case for its claims for reimbursement of PBS “over-payments” for the patentee’s listed pharmaceutical products during the period of an interlocutory injunction restraining generic entry (and consequent price drops),

On World IP Day let’s take a look back at a decision from colonial Australia

On World IP Day, we look back at an early patent infringement decision from colonial Australia to see just how much has – and just how much has not – changed in Australian patent litigation in the past 159 years. Click below to read the relatively short judgment delivered on 25 August 1858 by Therry

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