Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 4) [2015] FCA 634 Citation: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 4) [2015] FCA 634
Parties: OTSUKA PHARMACEUTICAL CO., LTD and BRISTOL-MYERS SQUIBB COMPANY v GENERIC HEALTH PTY LTD; GENERIC HEALTH PTY LTD v OTSUKA PHARMACEUTICAL CO., LTD and BRISTOL-MYERS SQUIBB COMPANY
File number(s): NSD 121 of 2012
Judge(s): YATES J
Date of judgment: 29 June 2015
Catchwords: PATENTS – standard patent for the use of a carbostyril compound for the production of a medicament having certain features and a method for treating a patient involving the use of the carbostyril compound – where the carbostyril compound (aripiprazole) is claimed to be effective in treating disorders of the central nervous system associated with the 5-HT1A receptor subtype – treatment of cognitive impairment in schizophrenia PATENTS – Swiss type claims – discussion of derivation of this form of claim – whether Swiss type claim should be characterised as a method or process PATENTS – the person skilled in the art considered as a team – whether the team can be differently constituted depending on the patent question involved PATENTS – infringement – Swiss type claim – whether claim can be infringed by exploitation in the patent area of a medicament manufactured outside the patent area – discussion of Saccharin doctrine PATENTS – infringement – application of s 117(2)(b) of the Patents Act 1900 (Cth) to a method of treating the human body with a pharmaceutical product PATENTS – validity – novelty PATENTS – validity – manner of new manufacture – whether an invention is disclosed on the face of the specification PATENTS – validity – inventive step – whether invention as claimed is obvious – whether person skilled in the art could be reasonably expected to have ascertained, understood and regarded as relevant certain prior art documents – whether certain sources of information would have been combined by the person skilled in the art PATENTS – validity – utility PATENTS – validity – sufficiency and best method PATENTS – validity – clarity and definition PATENTS – validity – fair basis PATENTS – standing to sue for infringement – whether second applicant an exclusive licensee
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate