Federal Court dismisses first Commonwealth damages claim against an unsuccessful pharmaceutical patentee

In an unprecedented decision, the Federal Court of Australia has considered and dismissed a claim by the Commonwealth Government for compensation from sponsors of innovator pharmaceutical products, pursuant to undertakings as to damages given in exchange for an interlocutory (preliminary) injunction restraining the launch of the first generic product: Commonwealth of Australia v Sanofi (No

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