Federal Court of Australia
Federal Court of Australia
ViiV Healthcare Company v Gilead Sciences Pty Limited (No 2) [2020] FCA 1455 File number: VID 1332 of 2019
Judgment of: BEACH J
Date of judgment: 9 October 2020
Catchwords: PATENTS – anti-viral pharmaceutical compound to treat HIV – polycyclic carbamoylpyridone derivatives – integrase inhibitory activity – practice and procedure – particulars of invalidity – lack of utility – promise of the invention – identification of compounds said to lack utility – strike out application – uncertainty of technical terms –meaning of "bulky substituents" – discovery concerning composition synthesis – discovery concerning anti-HIV or anti-integrase activity – predictive coding – continuous active learning technology – fishing expedition – limited discovery ordered
Legislation: Patents Act 1990 (Cth) s 18(1)(c) Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 16.21 and 34.46
Cases cited: Sequenom, Inc. v Ariosa Diagnostics, Inc. (2019) 143 IPR 24 ViiV Healthcare Company v Gilead Sciences Pty Limited (2020) 152 IPR 31
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Patents and associated Statutes
Number of paragraphs: 183
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