Patent Term Extensions in Australia: under pressure but safe for now

Government responds to the Productivity Commission Report and the Courts find “Swiss-style” claims not sufficient for a PTE   The Australian Government, in its highly anticipated response to the Productivity Commission’s Report, recommended only a minor change to the legislation relating to patent term extensions (PTEs).  Almost simultaneously, in the equally eagerly-awaited decision of the

Another small victory for Australian Government in pursuit of damages for PBS “over-payments”

The Australian Government has had another small victory in the most recent interlocutory decision in the clopidogrel damages enquiry, which is likely to be the test case for its claims for reimbursement of PBS “over-payments” for the patentee’s listed pharmaceutical products during the period of an interlocutory injunction restraining generic entry (and consequent price drops),

$30m for infringement of Bayer’s Australian Yasmin patent – a “small” jurisdiction with big benefits

In a recent landmark Australian Federal Court decision, Bayer v Generic Health [2017] FCA 250, Bayer was awarded $30m ($25.7m in damages plus interest) to compensate for lost revenue caused by generic product sales infringing its patent covering the oral contraceptive Yasmin (ethinylestradiol/drospirenone).  This sets a new benchmark in Australia for future damages claims against generic manufacturers.  The Court’s willingness to adequately

Commonwealth’s damages claim for overpaying on patented products continues

The Full Court of the Federal Court of Australia has rejected an argument that the Commonwealth is precluded by provisions of the Therapeutic Goods Act 1989 (Cth) from seeking damages pursuant to undertakings given by two patentees when obtaining interlocutory relief preventing the launch of generic pharmaceutical products. The Commonwealth’s claims, in one case including

A Kiwi-sized spanner in the works of the TPP?

We have previously reported on progress toward the Trans-Pacific Partnership (TPP) – a Free Trade Agreement (FTA) presently under negotiation by Australia, Brunei Darussalam, Chile, Canada, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. Recently, the negotiating parties set themselves a goal of finalising the agreement by October 2013. The TPP will

The TPP, IP and the Australasian healthcare industry – what’s at stake?

The Trans-Pacific Partnership (TPP) is a Free Trade Agreement (FTA) presently under negotiation by Australia, Brunei Darussalam, Chile, Canada, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States, and Vietnam. Its earliest origins date back to 2005 – and in December 2012, the fifteenth round of negotiations took place in Auckland, New Zealand. Recently, the