Best Patent Cases 2019 – Australia and New Zealand

Welcome to Shelston’s wrap-up of the most notable patent decisions in Australia and New Zealand delivered during 2019. It was a busy year for patent jurisprudence with some interesting themes emerging – in particular, it has been a banner year for decisions on the “manner of manufacture” requirement for patentable subject matter.   Read our

The distinction between repair and re-making: The Full Court clarifies the law on refurbishing a patented product

This important decision by the Full Court of the Federal Court in Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115 clarifies the position on an area of law that, surprisingly, is still developing in Australia, namely the scope of the implied licence issuing from the sale of a patented product.   Re-manufacturers that

Genes, genetic applications and patent eligibility: Australia continues to be a gene-patent friendly jurisdiction

Non-invasive prenatal genetic testing based on maternal blood sampling is replacing older invasive forms of testing – a paradigm shift in prenatal medicine. The patent rights associated with these methods have been litigated in several jurisdictions, most notably to date the US, UK and Australia. This decision of Justice Beach in Sequenom, Inc. v Ariosa

Private Member’s Bill proposes second-tier New Zealand “advancement patent”

A New Zealand “innovation (or advancement) patent”?  Now distinctly possible.  Australia’s second-tier innovation patent regime has been all over the news recently – literally overnight, it went from death row to receiving a stay of execution. Although it is not without its faults, has been prone to certain unintended outcomes and has recently gained some

Injunction appeal success leaves generics companies in a world of pain

Warner-Lambert and the Pfizer group successfully appealed to the Full Federal Court to broaden the scope of an interlocutory injunction restraining the supply of Apotex’s pregabalin products (Warner-Lambert Company LLC v Apotex Pty Ltd [2014] FCAFC 59). This decision suggests that efforts made by generics companies to restrict the registration of a bioequivalent pharmaceutical product

Final Report for Pharmaceutical Patents Review released but Government distances itself from the Report

Despite the Minister for Industry, Ian Macfarlane, announcing in Parliament on 11 February 2014 that the Government had no plans to release the Final Report for the Pharmaceutical Patents Review (see Patent Term Extensions are here to stay … for now), the Government has now backtracked and released the Final Report “in response to stakeholder

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