Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 3) [2011] FCA 846 Citation: Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 3) [2011] FCA 846
Parties: SANOFI-AVENTIS AUSTRALIA PTY LTD ACN 008 558 807, SANOFI-AVENTIS DEUTSCHLAND GMBH and AVENTISUB II INCORPORATED v APOTEX PTY LTD ACN 096 916 148
File number(s): NSD 1664 of 2008
Judge: JAGOT J
Date of judgment: 29 July 2011
Catchwords: COPYRIGHT – subsistence of copyright – whether product information documents for pharmaceutical drugs were original literary works attracting copyright protection – whether product information documents were works of joint authorship attracting copyright protection – infringement – whether respondent reproduced whole or a substantial part of product information documents – whether respondent had implied licence to reproduce product information documents PATENTS – proper construction of claim of patent – validity – whether invention novel – whether invention involved inventive step – whether invention as claimed a manner of manufacture – whether invention useful – whether invention as claimed fairly based on specification – infringement – whether respondent threatened to infringe patent by supplying pharmaceutical drug for particular purposes TRADE PRACTICES – misleading or deceptive conduct – false representations – whether respondent in providing pharmaceutical drug for supply to practitioners made representations which were false or were likely to mislead or deceive
Legislation: Competition and Consumer Act 2010 (Cth) Copyright Act 1968 (Cth) ss 10, 13, 14, 31, 32, 35, 36, 78, 184 Patents Act 1990 (Cth) ss 3, 7, 13, 18, 40, 117, 138, Sch 1 Therapeutic Goods Act 1989 (Cth) ss 3, 7D, 23, 25AA, 25A, 26B Therapeutic Goods Legislation Amendment (Copyright) Act 2011 (Cth) Trade Practices Act 1974 (Cth) ss 52, 53 Copyright (International Protection Regulations) 1969 (Cth)
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