Two weeks ago, GlaxoSmithKline (GSK) filed proceedings against the makers of the COVID-19 SPIKEVAX® vaccine, Moderna, Inc in the US Federal District Court in Delaware alleging that Moderna has infringed its patents relating to messenger RNA (mRNA) technology.
Chinese and Australian businesses looking for overseas opportunities to expand in the healthcare industry should be aware of important regulatory changes that are taking place in both China and Australia.
The recent decision of the Full Court in Idenix Pharmaceuticals v Gilead Sciences [2017] FCAFC 196 illustrates the power of the grounds of lack of utility and lack of sufficiency under section 40 of the Patents Act when challenging the validity of a patent.
On Wednesday the Full Court of the Federal Court of Australia handed down a decision in which it upheld Justice Yates’ findings that Otsuka’s patent relating to aripiprazole, a drug used in the treatment of schizophrenia, is invalid for want of novelty and inventive step.