H Lundbeck A/S v Alphapharm Pty Ltd
| Jurisdiction | Australia Federal only |
| Neutral Citation | 2009-0611 FCA A,[2009] FCAFC 70 |
| Date | 2009 |
| Court | Full Federal Court (Australia) |
-
- 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
27 cases
-
Warner-Lambert Company LLC v Generics (UK) Ltd (trading as Mylan) and Others
...491 and Klein v Russell (1873) 86 US (19 Wall) 433. And more recently by the Full Court of the Federal Court of Australia in H Lundbeck A/S v Alphapham pty Ltd (2009) 177 FCR 151. Emmett J observed in that case, at para 52: “A specification must be given a purposive rather than a purely lit......
-
Generics (UK) Ltd v Daiichi Pharmaceutical Company Ltd (Costs)
...appeal by Judge Sobel on 25 th May 2009) and of the Australian courts ( Lundbeck v Alphapharm, 11 th June 2009 Federal Court of Appeal [2009] FCAFC 70 upholding Lindgren J [2008] FCA 57 First then, the language of the Regulation. The crucial part of Mr Carr's step-by-step reasoning are ste......
-
InterPharma Pty Ltd v Hospira, Inc (No 5)
...Healthcare Investments (Ireland) (No 2) Ltd v Generic Partners Pty Ltd [2018] FCAFC 71; 131 IPR 384 H Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70; 88 IPR 228; 177 FCR 151 Harwood v Great Northern Railway Co (1865) 11 HLC 654 Hill v Evans (1862) 4 De GF & J 288; 1A IPR 1 ICI Chemicals ......
-
Axent Holdings Pty Ltd t/a Axent Global v Compusign Australia Pty Ltd
...Ltd [2002] FCAFC 183; 55 IPR 257 Guest v Federal Commissioner of Taxation [2007] FCA 193; 65 ATR 815 H Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70; 177 FCR 151; 81 IPR 228 H.Lundbeck A/S v Sandoz Pty Ltd [2018] FCA 1797; 137 IPR 408 Haberman v Jackel International Ltd [1999] FSR 683 H......
Request a trial to view additional results
9 firm's commentaries
-
Differences in Trans-Tasman patent law: extension of term for pharmaceuticals
...wait, there's more. For in practice, many of these criteria are interpreted somewhat narrowly. In H. Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70, it was found that the ARTG registration for the (+)-enantiomer of escitalopram was not the first entry of the ARTG for the pharmaceutical s......
-
Enabling Disclosure No Longer Required To Anticipate A Patent Claim
...such arguments. Jessup J, sitting alone, felt 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 ......
-
Lundbeck fight back in relation to its Lexapro Patent
...This decision has been appealed and we will update you in relation to that appeal. Footnote 1Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70 © DLA This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as......
-
Large damages payment looms for generic manufacturers in relation to Escitalopram patent infringement
...Goods (ARTG). However, in a decision of the Full Federal Court, in 2009 (The 2009 Decision; H Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70), it was held that the patent term extension request should have been based on the inclusion of CIPRAMIL in the ARTG. Consequently, Lundbeck applie......
Request a trial to view additional results
1 books & journal articles
-
The Invention of an Investment Incentive for Pharmaceutical Innovation
...10, 2009, docketnumber Xa ZR 130/07.54 See Apotex v Lundbeck Canada Inc., 2010 FCA 32.55 See H. Lundbeck A/S v Alphapharm Pty. Ltd. (2009) FCAFC 70.C2012 Blackwell PublishingLtdThe Journal of World IntellectualProperty (2012) Vol. 15, no. 5–6 Shamnad Basheer The Invention of an Investment ......