Commonwealth’s damages claim for overpaying on patented products continues

The Full Court of the Federal Court of Australia has rejected an argument that the Commonwealth is precluded by provisions of the Therapeutic Goods Act 1989 (Cth) from seeking damages pursuant to undertakings given by two patentees when obtaining interlocutory relief preventing the launch of generic pharmaceutical products. The Commonwealth’s claims, in one case including

A Kiwi-sized spanner in the works of the TPP?

We have previously reported on progress toward the Trans-Pacific Partnership (TPP) – a Free Trade Agreement (FTA) presently under negotiation by Australia, Brunei Darussalam, Chile, Canada, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. Recently, the negotiating parties set themselves a goal of finalising the agreement by October 2013. The TPP will