patents Archives - Page 4 of 6 - Mallesons Pulse Blog

Productivity Commission releases roadmap for IP review and calls for submissions

15 October 2015

Last week, the Productivity Commission released the Issues Paper in accordance with its comprehensive review of Australia’s IP regime (Inquiry).

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High Court re-invents the test for patentable subject matter and finds the patent for the isolated breast cancer gene invalid

8 October 2015

By David Fixler

The High Court has handed down a significant decision finding that patent claims for isolated gene sequences, indicative of a predisposition to breast cancer, are not patentable subject matter.

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Update: Otsuka Successful in Stay Application: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2015] FCA 848

26 August 2015

By Alex Horne

Further to our post of 7 July 2015, the proceedings brought by Otsuka and Bristol Myers Squibb (the “exclusive licensee” of Otsuka’s patents for aripiprazole) against Generic Health have taken another turn.

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Spins a web, anytime, but only pays royalties until the expiry of the patent

22 July 2015

By Cal Samson

It is tempting to begin analysis of the recent US Supreme Court patent case Kimble v Marvel Enterprises by slinging around some Spiderman puns.

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CJEU gives Guidance on Standard Essential Patents and Injunctions

21 July 2015

By Nina O'Sullivan

The Court of Justice of the European Union has today issued its much-anticipated decision in Huawei v ZTE in relation to the question of whether it is an abuse of a dominant position to seek an injunction for infringement of a standards-essential patent (SEP).

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Generic Health succeeds in invalidating patent for aripiprazole: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 4) [2015] FCA 634

7 July 2015

By James Ellsmore

Generic Health is perhaps a step closer to bringing its generic version of the antipsychotic drug aripiprazole to market in Australia after Justice Yates struck down one of Otsuka’s patents for the drug.

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Extension of time provisions in the Patents Act cannot prevent “the Sword of Damocles” from falling

20 March 2015

By Jarred Bambridge

The Full Federal Court in Sunesis Pharmaceuticals Inc v Commissioner of Patents [2015] FCAFC 29 clarified that section 223(2) of the Patents Act, which allows the Commissioner of Patents to grant an extension of time to complete a required act, cannot be used to delay the effects of the commencement of legislative amendments.

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High Court grants Application for Special Leave to Appeal in Myriad Genetics

13 February 2015

By Suzy Madar

The High Court has granted Cancer Voices’ application for special leave to appeal a Full Federal Court finding that Myriad’s patent relating to the BRCA1 gene is patentable.

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Is your computer-implemented business method patentable? The Full Federal Court dismisses Research Affiliates’ appeal

11 November 2014

By James Ellsmore

A unanimous Full Federal Court has held that a computer implemented method of creating an investment index is not patentable, on the basis that the substance of the claimed invention – an abstract idea or scheme – is itself not patentable subject matter and just because the claimed invention could be implemented using a computer does not make it patentable.

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Unanimous Full Court dismisses Research Affiliates’ appeal

10 November 2014

By James Ellsmore

In a decision handed down this afternoon, the Full Court has unanimously dismissed an appeal by Research Affiliates LLC from a decision of Justice Emmett in 2013 (summary here).

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