Apotex Pty Ltd v Sanofi-Aventis

JurisdictionAustralia Federal only
Neutral Citation2009-0929 FCA B,[2009] FCAFC 134,2008-0812 FCA A
Date2008
CourtFull Federal Court (Australia)
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10 cases
4 firm's commentaries
  • Enabling Disclosure No Longer Required To Anticipate A Patent Claim
    • Australia
    • Mondaq Australia
    • 25 May 2011
    ...bound by recent decisions of the Full Federal Court (e.g., Lundbeck v Alphapharm Pty Ltd [2009] FCAFC 70; and Apotex v Sanofi Aventis [2009] FCAFC 134), which were factually similar to the present case. His Honour held that the "disclosure of a compound by exact naming in the prior art is s......
  • What's prior disclosure of pharmaceutical compounds?
    • Australia
    • Mondaq Australia
    • 10 March 2011
    ...Applying the Full Federal Court's decisions in H Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 60 and Apotex Pty Ltd v Sanofi-Aventis [2009] FCAFC 134, Justice Jessup rejected AMRI's arguments and held that exact naming of a compound in prior art is sufficient to constitute anticipation. F......
  • Death of the starting point approach under the Patents Act: AstraZeneca v Apotex
    • Australia
    • Mondaq Australia
    • 31 October 2014
    ...known in the relevant prior art? The 'starting point' approach had previously been adopted by the Full Court in Apotex v Sanofi-Aventis [2009] FCAFC 134 ('Sanofi'), and has particular application in cases where the patent specification outlines a particular problem (and sets out to solve th......
  • Three strikes, you're out: Rosuvastatin generics in the clear
    • Australia
    • Mondaq Australia
    • 8 September 2015
    ...finding on the construction of s7(3). This approach was previously adopted by an earlier Full Court in Apotex Pty Ltd v Sanofi-Aventis [2009] FCAFC 134 under the Patents Act 1952. It allowed information contained in the relevant patent specification, but which did not form part of the commo......

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