Federal Court brings generic manufacturers a step closer to a large damages payment re Escitalopram

The Federal Court of Australia has dismissed an appeal by Alphapharm and others against the Commissioner of Patents’ decision to allow a patent term extension on Lundbeck’s patent covering the antidepressant drug Escitalopram (LEXAPRO) (the Escitalopram Patent) – Alphapharm Pty Ltd v H Lundbeck A/S [2014] FCA 1185. This decision immediately followed the High Court’s