A clear mistake in a claim term cannot be corrected through claim construction

In GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No 2) Limited v Generic Partners Pty Limited [2018] FCAFC 71, the Full Federal Court has found that terms used in claims cannot be interpreted beyond their plain meaning.  Such a decision emphasises that great care is required when drafting claims that contain words or phrases that have a

Omnibus claims continue to be effective

Omnibus claims are added to patents in some jurisdictions as a catch all warning to potential infringers. They generally take the form of “the product/method substantially as described with reference to the drawings and/or examples”.   In the recent case of Reckitt Benckiser Healthcare (UK) Ltd v GlaxoSmithKline Australia Pty Ltd (No 5) [2015] FCA 486, the trial judge found for the defendant, that

Heading off generic market entry which does not patent infringe

A preliminary discovery application brought in the Federal Court of Australia by GlaxoSmithKline Australia Pty Ltd (GSK) shortly before Christmas has sparked interest in the potential for patentees to prevent non-patent infringing generic pharmaceutical products entering the Australian market. Background facts The paracetamol market in Australia saw significant legal attention in the last months of