Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116 Appeal from: Mylan Health Pty Ltd (formerly BGP Products Pty Ltd) v Sun Pharma ANZ Pty Ltd (formerly Ranbaxy Australia Pty Ltd) [2019] FCA 28
File number: NSD 182 of 2019
Judges: MIDDLETON, JAGOT, YATES, BEACH AND MOSHINSKY JJ
Date of judgment: 3 July 2020
Catchwords: PATENTS – infringement – Swiss type claims – whether mental element imported into claims – whether it is necessary to establish manufacturer's intention to prove infringement – discussion of correct approach to determining infringement PATENTS – validity – lack of novelty – prior publication of documents – correct test for determining lack of novelty – whether there can be anticipatory disclosure by prior publication of the invention based on a reasoned hypothesis PATENTS – validity – lack of inventive step – where case presented on basis of common general knowledge and documentary disclosure – whether primary judge erred in finding lack of inventive step on basis of common general knowledge alone PATENTS – validity – whether claims fairly based on the matter described in the specification – proper construction of the specification
Legislation: Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth) Patents Act 1990 (Cth) ss 7(1)(a), 7(1)(b), 7(2), 7(3), 13(1), 40(3), 117(1), 117(2)(b) Therapeutic Goods Act 1989 (Cth) s 9D(2) Patents Act 1977 (UK) ss 125(1), 125(3) European Patent Convention 2000
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