Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 File numbers: NSD 763 of 2013 NSD 251 of 2014
Judge: NICHOLAS J
Date of judgment: 21 October 2016
Catchwords: PATENTS – construction of patent specification describing methods for treating pain comprising administering a therapeutically effective amount of a compound to a mammal in need of said treatment – whether patent obtained by misrepresentation or false suggestion – whether misrepresentation or false suggestion made with respect to compound used in animal tests reported in complete specification – whether misrepresentation or false suggestion was a material inducing factor leading to grant of the patent – whether claims invalid and liable to be revoked on ground that the complete specification does not describe the invention fully – where complete specification does not include any reference to clinical trials involving humans – where complete specification refers only to experiments carried out on rats – whether complete specification provides notional skilled addressee with sufficient information to enable inventive method to be used in the treatment of humans – whether claims invalid and liable to be revoked on ground that the invention claimed is not useful – whether Swiss style claims infringed by importation and sale in Australia of a medicament made outside the patent area – meaning of "exploit" as defined in Schedule 1 of Patents Act 1990 (Cth)
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