Clinical trial protocols anticipate method of treatment claims, and further clarity provided on construction of Swiss-style claims

Australia’s Full Federal Court recently delivered judgment in an appeal in a significant patent case: Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116.  The case concerned three patents relevant to Mylan’s oral lipid-lowering agent, Lipidil® (fenofibrate).   An enlarged Full Court bench comprising 5 judges (Middleton, Jagot, Yates, Beach and

Federal Court shows generics how to avoid infringement of Swiss-style claims

Under Australian practice, both method of treatment and Swiss-style claims, in the format use of [compound X] in the manufacture of a medicament for the treatment of [condition Y]” are permitted. As reported previously, method of treatment and Swiss-style claims are directed to different infringing acts in Australia. This highlights the importance of pursuing both