Further to our earlier “Breaking News” post, the High Court has handed down a much anticipated decision in Apotex v Sanofi-Aventis. The decision is important because it definitely determines that methods of medical treatment of human beings are patentable subject matter within the meaning of s18(1) of the Patents Act 1990 (Cth). Further, in circumstances where a pharmaceutical product has more than one use, one which infringes and one which does not infringe a valid patent, the High Court’s decision makes clear that supply of that product will not infringe the patent under s117 of the Patents Act where the infringing use is excluded from the approved indication for that product.

High Court hands down long awaited decision in Apotex v Sanofi, rejecting Apotex's appeal from a decision which upheld Sanofi's patent relating to a method of preventing or treating psoriasis by the administration of leflunomide.