UK raises the threshold for plausibility – will Australia follow?

The UK Supreme Court has handed down its judgement in Warner-Lambert v Generics & Anr [2018] UKSC 56 in which the issue of plausibility was considered in-depth. The Supreme Court unanimously held that broad medical treatment claims were invalid, with the majority finding that the requirement of plausibility is not a low, threshold test.  This

Federal Court of Australia dismisses preliminary discovery application regarding biosimilar suspected of infringing manufacturing process patents

In the recent decision of Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCA 285 (21 March 2017), Justice Stephen Burley of the Federal Court of Australia has delivered an important decision dismissing an application for preliminary discovery of documents relevant to determining whether a registered biosimilar product might infringe one or more

Intelligent patent evergreening available

Pfizer has recently successfully resisted the Australian Competition Commission’s attempts to shut down its patent evergreening activities in trying to leverage its atorvastatin (Lipitor) patent past its end of term. In ACCC v Pfizer Australia Pty Ltd [2015] FCA 113, the Federal Court rejected the Commission’s complaint that Pfizer’s end-of-term activities amounted to a misuse of market power and exclusive dealing, contrary to