Gilead Sciences Pty Ltd v Idenix Pharmaceuticals LLC [2016] FCA 169

FEDERAL COURT OF AUSTRALIA

Gilead Sciences Pty Ltd v Idenix Pharmaceuticals LLC [2016] FCA 169 File number: NSD 48 of 2013

Judge: JAGOT J

Date of judgment: 2 March 2016

Catchwords: PATENTS – novelty – whether claims of respondents' patent fairly based on matter disclosed in priority documents – real and reasonably clear disclosure of the claims in the priority documents established – respondents' patent entitled to priority date of priority document – respondents' patent not invalid for lack of novelty PATENTS – internal fair basis – whether claims of respondents' patent fairly based on matter described in specification – real and reasonably clear disclosure of the claims in the specification established – respondents' patent not invalid for lack of internal fair basis PATENTS – sufficiency – whether respondents' patent describes the invention fully – whether patent enables the skilled addressee to produce something within each claim without new inventions or additions or prolonged study of matters presenting initial difficulty – insufficiency established PATENTS – utility – whether claims of the respondents' patent useful – certain claims of respondents' patent invalid for inutility PATENTS – manner of manufacture – respondents' patent not invalid on basis of a lack of a manner of manufacture PATENTS – false suggestion – respondents' patent not invalid on basis of false suggestion

Legislation: Evidence Act 1995 (Cth) s 140 Patents Act 1990 (Cth) ss 18, 40, 43, 138 Federal Court Rules 2011 (Cth) r 34.50 Patents Regulations 1991 (Cth) reg 3.12