Federal Court of Australia dismisses preliminary discovery application regarding biosimilar suspected of infringing manufacturing process patents

In the recent decision of Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCA 285 (21 March 2017), Justice Stephen Burley of the Federal Court of Australia has delivered an important decision dismissing an application for preliminary discovery of documents relevant to determining whether a registered biosimilar product might infringe one or more

Normal service resumed? – Swiss-style claims and extensions of patent term

The Australian Patent Office has issued recent decisions (ThromboGenics NV [2015] APO 44 and AbbVie Biotechnology Ltd [2015] APO 45) finding that an extension of patent term will not be allowed in respect of Swiss-style claims.   Background Marketing of pharmaceuticals in Australia requires approval by the Therapeutic Goods Administration and inclusion in the Australian

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