Suzy Madar, Author at Mallesons Pulse Blog

ACIP recommends amending the statutory test for patentability to match that which has been developed by the courts

17 February 2011

The Australian Council of Intellectual Property (ACIP) has completed its review of the appropriateness and adequacy of the test of “manner of manufacture” as a threshold requirement for patentability.

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Federal Court upholds TGA decision to refuse access to documents relating to applications to list generics on the ARTG

11 February 2011

By Suzy Madar

In December last year, Justice Emmett of the Federal Court handed down an important decision for originator pharmaceutical companies who seek access to documents evidencing applications to list generic versions of their products on the Australian Register of Therapeutic Goods (ARTG), and generic companies who assume such applications are kept confidential.

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TGA to implement alert system for new ARTG registrations

6 August 2010

By Suzy Madar

The TGA plans to implement a daily alert system to show new registrations on the ARTG.

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Practice Note for Proceedings under the Patents Act – Effective 1 July 2010!

30 June 2010

By Suzy Madar

The Chief Justice of the Federal Court has issued a new Practice Note which applies to Federal Court proceedings under the Patents Act 1990.

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A “fuzzy line” between business methods and abstract ideas – Bilski v Kappos

29 June 2010

By Suzy Madar

A majority of the US Supreme Court handed down a decision yesterday which draws a fuzzy line between valid patents which claim business methods and invalid ones which merely claim abstract ideas.

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Update on Reverse Settlement Agreements – Amici Curiae brief filed with US Court of Appeals

16 June 2010

By Suzy Madar

An amici curiae brief has been filed by a Professor of Law at Stanford Law School on behalf of 86 other professors of Law, Economics, Business and Public Policy in relation to the appropriate treatment of reverse settlement agreements.

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US Court of Appeals for the Second Circuit invites examination of reverse settlement agreements by the Full Court of Appeals

9 June 2010

By Suzy Madar

Further to our 18 May post in relation to the FTC’s anti-trust case against Cephalon concerning the reverse settlement of a patent dispute over Provigil, a US Court of Appeals has taken the unusual step of inviting a petition to the Full Court of Appeals to consider the “difficult questions at issue and the important interests at stake” when considering reverse settlement agreements.

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FTC wins preliminary battle in anti-trust case against Cephalon in relation to settlement of dispute over Provigil

18 May 2010

By Suzy Madar

A US District Court has refused an application by Cephalon to dismiss a case brought against it by the FTC in relation to the settlement of a patent dispute between Cephalon and would-be generic manufacturers of Provigil (modafinil), a drug used in the treatment of sleep disorders which recorded $961 million in sales in 2009 alone.

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BREAKING NEWS: Court refuses Sanofi’s application for special leave to appeal to the High Court

12 March 2010

By Suzy Madar

This morning the High Court refused an application by Sanofi-Aventis for special leave to appeal a decision of the Full Court of the Federal Court which found that its patent claiming salts of the isolated enantiomer of a known racemate was invalid for want of inventive step.

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BREAKING NEWS: Court finds Vioxx doubled risk of heart attack

5 March 2010

By Suzy Madar

The Federal Court has handed down its findings in the case brought by class action representative Mr Graeme Peterson against Merck Sharpe & Dohme in which it was alleged that Vioxx contributed to Mr Peterson’s heart attack, and that Merck had intentionally downplayed the cardiovascular risks which were associated with the drug.

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