News & Insights

To subscribe to Shelston IP updates, please complete the form provided.

Big damages award for unjustified threat overturned on appeal by Full Federal Court

The Full Court of the Federal Court of Australia reversed a decision awarding substantial damages for an unjustified threat in long-running litigation: Australian Mud Company Pty Ltd v Coretell Pty Ltd [2017] FCAFC 44 (17 March 2017). The primary judge had held that the respondents (Coretell) had not infringed the patent of Australian Mud Company (AMC) and

$30m for infringement of Bayer’s Australian Yasmin patent – a “small” jurisdiction with big benefits

In a recent landmark Australian Federal Court decision, Bayer v Generic Health [2017] FCA 250, Bayer was awarded $30m ($25.7m in damages plus interest) to compensate for lost revenue caused by generic product sales infringing its patent covering the oral contraceptive Yasmin (ethinylestradiol/drospirenone).  This sets a new benchmark in Australia for future damages claims against generic manufacturers.  The Court’s willingness to adequately

Federal Court of Australia dismisses preliminary discovery application regarding biosimilar suspected of infringing manufacturing process patents

In the recent decision of Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCA 285 (21 March 2017), Justice Stephen Burley of the Federal Court of Australia has delivered an important decision dismissing an application for preliminary discovery of documents relevant to determining whether a registered biosimilar product might infringe one or more

Routine omnibus – not routine anymore in the UK

From the 6 April 2017, the United Kingdom Intellectual Property Office (“UKIPO”) will only allow omnibus claims in United Kingdom (UK) patent applications and European patent application designating Great Britain (GB) in limited instances.[i] Furthermore, it will no longer be possible to amend a granted UK patent or a European patent designating GB to include one or more

Fake News Alert! Economists trump patent attorneys in innovation policy reform!

The recent release of the Productivity Commission’s report into Intellectual Property Arrangements in Australia has evoked a range of conflicting views in relation to the type and extent of policy best suited to incentivise innovation in Australia.   Of great concern is that the Government may adopt a number of the more extreme Productivity Commission

Has “Raising the Bar” actually raised the bar on inventive step?

Nearly four years ago, on 15 April 2013, Australian patent law entered a brave new world.  Gone were the days of so-called “soft” patentability criteria that were out of kilter with those of our major trading partners – the Raising the Bar Act was going to change all of that.  One reputedly soft criterion was

Page 32 of 79« First...1020...3031323334...405060...Last »