Will Australia follow the US and prohibit the patenting of genes and biological material?

A decision is expected later this year from the Australian High Court in D’Arcy v Myriad Genetics Inc. This case is essentially equivalent to the US Myriad Supreme Court case and thus will provide a definitive judgment in relation to the patentability of isolated genes in Australia, which the lower courts have unanimously found to

Three strikes, you’re out: Rosuvastatin generics in the clear

The High Court of Australia handed down its decision yesterday in the appeal by AstraZeneca (AstraZeneca AB v Apotex Pty Ltd (2015) HCA 30), against last year’s ruling by the Full Court of the Federal Court,  affirming the Full Court’s decision that AstraZeneca’s low dose rosuvastatin patent was obvious.   The High Court has unanimously

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