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

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