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Near enough is good enough: Full Federal Court of Australia revisits construction of “about” in patent claim
In the area of patent law, clarity is king. Where precision of language is essential for defining the limits and scope of legal rights, the acceptance …
Penalties for breaches of Australian competition and consumer law set to increase
On 18 August 2022, the Commonwealth Government released draft legislation proposing five-fold increases in the maximum penalties that apply to companies …
First things first: Full Federal Court clarifies the law on patent term extensions
Last week, a Full Court of the Federal Court of Australia handed down two unanimous decisions on appeal, clearing up some key uncertainties in the …
Climate change: succeed in a net-zero future
The risks associated with climate change go way beyond the purely environmental.In our climate change briefing we consider at a high level the political, …
FEDERAL COURT OVERTURNS ‘ABSURD’ PATENT OFFICE RULING ON PATENT TERM EXTENSIONS FOR PHARMACEUTICAL SUBSTANCES
The Federal Court has rejected the Australian Patent Office’s historical approach to patent term extension (PTE) applications, upholding a challenge …
Pharmaceutical patent term extensions: federal court hears challenge to “absurd” Australian patent office ruling
Two major pharmaceutical companies have challenged Australia’s Commissioner of Patents in the Federal Court about the time limits within which an …
A ‘new normal’ when it comes to the TGA regulation of medical devices?
Key points: In Australia responding to the urgent need for Covid-related medical devices the TGA implemented a number of emergency measures to bring …
Where is the balance now? Preliminary injunctions in pharmaceutical patent proceedings in 2020 and beyond
Recent decisions of the Federal Court of Australia have significantly changed the way in which parties to pharmaceutical patent litigation should analyse …
Calls for increased domestic pharmaceutical production not warranted, say Herbert Smith Freehills experts
Increased commentary about Australia’s perceived vulnerability to pharmaceutical shortages have led to recent calls for an overhaul of the country’s …
Commonwealth fails in its claim for compensation for PBS expenditure
The Federal Court’s decision in Commonwealth v Sanofi Justice Nicholas’ long-awaited decision in Commonwealth v Sanofi is an Australian first.1 Of the 4 …
A General Safety Provision - are we there yet??
It is looking increasingly likely that a ‘General Safety Provision’ for consumer products will be introduced into legislation in the near future. This …
Unfolding privacy class actions in Australia
Claimants in Australia face a number of challenges to successfully bringing a privacy class action, including the absence of a clear cause of action and …
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