Intelligent patent evergreening available

Pfizer has recently successfully resisted the Australian Competition Commission’s attempts to shut down its patent evergreening activities in trying to leverage its atorvastatin (Lipitor) patent past its end of term. In ACCC v Pfizer Australia Pty Ltd [2015] FCA 113, the Federal Court rejected the Commission’s complaint that Pfizer’s end-of-term activities amounted to a misuse of market power and exclusive dealing, contrary to