Alphapharm Pty Ltd v H Lundbeck A/S (No 2)

JurisdictionAustralia Federal only
CourtFederal Court
Neutral Citation2008-0424 FCA A,2008-0710 FCA A
Date2008
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15 cases
3 firm's commentaries
  • Infringement Of Method Claims By Threatened Importation Clarified By The Full Federal Court
    • Australia
    • Mondaq Australia
    • 1 May 2018
    ...recognised that the construction proposed by Apotex was specifically rejected by Justice Lindgren in Alphapharm Pty Ltd v H Lundbeck A/S [2008] FCA 559, where his Honour observed that if this construction was correct, where an invention is for a method or process, the reference to "imp......
  • Case Note: H Lundbeck A/S v Sandoz Pty Ltd [2019] APO 18 - patent licence
    • Australia
    • Mondaq Australia
    • 1 August 2019
    ...of Therapeutic Goods (ARTG). However, it was subsequently found in a Full Federal Court decision ( Alphapharm Pty Ltd v H Lundbeck A/S [2008] FCA 559, 76 IPR 618) that the extension was incorrectly based on the inclusion of Lexapro® in the Australian Register of Therapeutic Goods (ARTG) and......
  • Differences in Trans-Tasman patent law: extension of term for pharmaceuticals
    • Australia
    • Mondaq Australia
    • 11 July 2013
    ...the patentee who will generally sponsor inclusion on the ARTG; this marks the expected beginning of their exploitation (as per Alphapharm [2008] FCA 559 and 76 IPR 618). The Delegate then noted an untenable "double edged sword" argument in Pfizer (No.2) [2006] FCA 1176 and 69 IPR ......

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