The Federal Court of Australia has handed down its first detailed damages decision in a long time in a patent infringement claim against a generic pharmaceutical company. In doing so, it sets a new benchmark for damages claims by innovator companies whose products have been illegally copied. In Bayer Pharma Aktiengesellschaft v Generic Health Pty…

by Laura Von Hertzen On 3 March 2017, the English Patents Court (Henry Carr J) issued a decision (here) in the joined claims filed by Fujifilm Kyowa Biologics (FKB) and Samsung Bioepis/Biogen (S/B) against AbbVie Biotechnology Limited (AbbVie) for so-called Arrow declarations in relation to dosage regimes of adalimumab (sold by AbbVie under the brand…

In a judgment in preliminary proceedings the Bundespatentgericht (German Federal Patent Court) granted the pharmaceutical company Merck the right to use European patent EP 1 422 218 and to continue sales of the AIDS drug Isentress in Germany. It is the first time in its 55-year history that the Bundespatentgericht granted a compulsory patent license…

By decision no. 1651 of 14 October 2016 (publication reference: 24658/2016), the Italian Supreme Court put an end to the longstanding litigation between Bayer and the Italian company Industriale Chimica in relation to the production of drospirenone. This decision tackles both the issue of the patentability of chemical intermediates and that of infringement by equivalents….

by Steven Willis Yesterday, the Patents Court handed down yet another decision in the Sisyphean pregablin litigation, this time refusing Sandoz’ application to vary the Order for Injunction which resulted from Arnold J’s October 2015 decision (“Sandoz I”) to injunct Sandoz following its launch of a full label pregabalin product (“Pregabalin Sandoz”). As is typically…

On 21 October 2016, the Federal Court of Australia handed down its judgment in the case of Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (FCA Judgment).  Justice John Nicholas found in favour of Warner-Lambert, both upholding the validity of its patent claims and granting final injunctions restraining infringement by Apotex….

by Brian Cordery, Rachel Mumby and Steven Willis Media attention at the English High Court today may have been focussed on the Article 50 challenge but for many patent lawyers operating in the life sciences sector, of equal or greater importance was the handing down of the long-awaited judgment in the Lyrica appeal. To recap…

In 2010 the EPO’s Enlarged Board of Appeal took the badge of Swiss type claims from patentees (G 02/08), and since then they cannot use it anymore. Six years later two cases on (infringement of) Swiss type / second medical use claims are knockin’ on the Dutch Supreme Court’s door. While the Enlarged Board put…

On 9 September 2016, the Full Federal Court of Australia delivered its judgment in Actavis Pty Ltd v Orion Corporation [2016] FCAFC 121 (Actavis).  The proceedings concerned the infringement/revocation of a patent for Stalevo, Novartis’ 3-in-1 Parkinson’s disease drug. A related issue was whether Novartis Pharma AG (Novartis) was the exclusive licensee of Orion’s 765932…