Federal Court of Australia
Cipla Australia Pty Ltd v Novo Nordisk A/S [2024] FCA 1414 File number:
Judgment of: PERRAM J
Date of judgment: 12 December 2024
Catchwords: PATENTS – patent for formulations of liraglutide – validity of extension of term of patent – where application for extension must concern a patent which discloses a 'pharmaceutical substance per se' under s 70 of the Patents Act 1990 – whether 'pharmaceutical substance' includes formulations of active ingredients and excipients – whether excipients required to be for distinct therapeutic use
Acts Interpretation Act 1901 (Cth) s 11B Intellectual Property Laws Amendment Act 1998 (Cth) Intellectual Property Laws Amendment Act 2006 (Cth) Intellectual Property Laws Amendment Act 2015 (Cth)
Patents (World Trade Organization Amendment) Act 1994 (Cth) Legislation: Patents Act 1903 (Cth) s 84 Patents Act 1952 (Cth) ss 6, 90, 94 Patents Act 1990 (Cth) ss 70, 71, 77, 78, 119A, 192, 223(2), 230, Sch 1 Patents Amendment Act 1989 (Cth) Therapeutic Goods Act 1989 (Cth) s 3 Customs (Prohibited Imports) Regulations 1956 (Cth) reg 2 Patents Amendment Bill 1988 (Cth) Patents Amendment Bill 1989 (Cth)
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