Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd
Jurisdiction | Australia Federal only |
Judge | French CJ.,Hayne J,Crennan,Kiefel JJ.,Gageler J. |
Judgment Date | 04 December 2013 |
Neutral Citation | 2013-1204 HCA A,[2013] HCA 50 |
Docket Number | S219/2012 & S1/2013 |
Court | High Court |
Date | 04 December 2013 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

Start Your 7-day Trial
11 cases
-
Minister for the Environment v Sharma
...v Ellis [2010] HCA 55; 240 CLR 111 Anns v Merton London Borough Council [1978] AC 728 Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50; 253 CLR 284 Australian Conservation Foundation Inc v Minister for the Environment and Energy [2017] FCAFC 134; 251 FCR 359 Baker v Carr (196......
-
Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd
...Australian law: Competition and Consumer Act 2010 (Cth), Sched 2 — Australian Consumer Law, ss 18, 20, 21, 22.See also Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (2013) 88 ALJR 261 at 270 [17]–[18] per French CJ, 283–284 [71]–[72] per Hayne J; 304 ALR 1 at 9–10, 27; [2013] HCA 50 i......
-
Alphapharm Pty Ltd v H Lundbeck A/S
...Act. See, generally, Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (2013) 88 ALJR 261 at 302–303 [186]–[193]; 304 ALR 1 at 51–53; [2013] HCA 50. 79 IPAC Report at 5 80 ‘Government Response to the Report of the Industrial Property Advisory Committee, “Patents, Innovation and Competition ......
-
PDP Capital Pty Ltd v Grasshopper Ventures Pty Ltd
...CLR 27 Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; (2018) 261 FCR 301 Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50; (2013) 253 CLR 284 Aristocrat Technologies Australia Pty Ltd v Vidtech Gaming Services Pty Ltd [2006] FCA 275; (2006) 68 IPR 229 Aston v Ha......
Get Started for Free
14 firm's commentaries
-
Isolated genetic material: invention or land grab? The D'Arcy v Myriad Genetics case
...in D'Arcy, above, n 9, at [158]. 28 Above, n 10,at [166]. 29 Patent number 686004 30 Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd (2013) 304 ALR 1; 88 ALJR 261; [2013] HCA 50; BC201315312. 31 Above, n 10, at [206]. 32P Ng and W Liu "Raising the bar? The new patent law reforms and their......
-
High Court concludes that methods of medical treatment are patentable
...4 December 2013, the High Court judgment in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd & Ors [2013] HCA 50 was delivered. This is the first occasion the High Court has considered whether methods of medical treatment of the human body are patentable inventions within the meaning o......
-
Clinical Trial Disclosures A Significant Risk To Patent Validity In Australia
...Tyre & Rubber Co Ltd (1972) RPC 457 2 Also consistent with the High Court in Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd & Ors [2013] HCA 50 3 See, e.g., Regeneron Pharmaceuticals Inc v Genentech Inc [2012] EWHC 657 (Pat); Hospira UK Limited v Genentech Inc [2015] EWHC 1796 (Pat); [20......
-
News from Abroad -- Swiss-type Patent Claims in Australia
...Lambert Company LLC v Generics (UK) Ltd t/a Mylan and another [2018] UKSC 56. [5] Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50. As are claims to therapeutics in ‘when used’ format, which have essentially the same scope as method claims, see Wellcome Foundation Ltd v Commi......
Get Started for Free
1 books & journal articles
-
International Ip Developments
...Office has enacted new provisions that permit patenting of methods of treatment. In Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd [2013] HCA 50 (order), the High Court of Australia, Australia's Supreme Court, confirmed that methods of medical treatment are a "manner of manufacture" and ......