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),

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

Death of the ‘starting point’ approach: AstraZeneca v Apotex

A recent decision of the Full Court of the Federal Court of Australia, AstraZeneca AB v Apotex Pty Ltd (2014) 312 ALR 1 (‘AstraZeneca’) has clarified the tests for novelty and inventive step under the Patents Act 1990 (Cth). In relation to inventive step, the Full Court in AstraZeneca marked its disapproval of the ‘starting