Federal Court of Australia confirms that offers made during patent term to supply after patent expiry constitute infringement

This week the Federal Court of Australia (Nicholas J) delivered a significant judgment in Apotex Pty Ltd v Warner-Lambert Company LLC (No 3) [2017] FCA 94, confirming that an Australian patent will be infringed by offers made during the term of the patent, without the patentee’s consent, to supply infringing products after the patent has