Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd
| Jurisdiction | Australia Federal only |
| Judgment Date | 03 July 2020 |
| Neutral Citation | [2020] FCAFC 116 |
| Date | 03 July 2020 |
| Court | Full Federal Court (Australia) |
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6 cases
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Axent Holdings Pty Ltd t/a Axent Global v Compusign Australia Pty Ltd
...Ltd v Sun Pharma ANZ Pty Ltd [2019] FCA 28; 138 IPR 402 at [186]-[190]; appeal dismissed: Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116; 380 ALR 582. As will be seen, the concept of common general knowledge is crucial, as the skilled addressee is taken to be armed with the ......
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Merck Sharp and Dohme Corporation v Wyeth LLC (No 3)
...Mining and Manufacturing Company v Beiersdorf (Australia) Limted [1980] HCA 9; 144 CLR 253 Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116; 380 ALR 582 N V Philips Gloeilampenfabrieken v Mirabella International Pty Ltd [1995] HCA 15; 183 CLR 655 National Research Development ......
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Rakman International Pty Limited v Trafalgar Group Pty Ltd
...IPR 1477 Moorgate Tobacco Co. Limited v Philip Morris Limited (No 2) (1984) 156 CLR 414 Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116; 279 FCR 354 Norton and Gregory Ltd v Jacobs (1937) 54 RPC 271 Oakley, Inc v Franchise China Pty Ltd [2003] FCA 105; 58 IPR 452 Old Digger P......
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Boehringer Ingelheim Animal Health USA Inc. v Intervet International B.V.
...steps were “worth a try” or “well worth trying out”: Alphapharm at [66]-[76]; see also Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd (2020) 380 ALR 582 at 168 The formulation given in Alphapharm at [53] is not the only test for assessing obviousness. One only need review the various formula......
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8 firm's commentaries
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Clinical trial roulette: Patenting pharmaceuticals in Australia is now a game of chance
...is necessary to deal with the difficulties created by Mylan v Sun Pharma. References Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116 Mylan Health Pty Ltd (formerly BGP Products Pty Ltd) v Sun Pharma ANZ Pty Ltd (formerly Ranbaxy Australia Pty Ltd [2019] FCA 28 World Medical A......
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Clinical trial roulette: Patenting pharmaceuticals in Australia is now a game of chance
...is necessary to deal with the difficulties created by Mylan v Sun Pharma. References Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116 Mylan Health Pty Ltd (formerly BGP Products Pty Ltd) v Sun Pharma ANZ Pty Ltd (formerly Ranbaxy Australia Pty Ltd [2019] FCA 28 World Medical A......
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Clinical Trial Disclosures A Significant Risk To Patent Validity In Australia
...its "method of treatment" claims from the "method for treatment" claims at issue in Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116 (Mylan), in which the Full Federal Court found that a reasoned yet untested clinical trial hypothesis was sufficient to anticipate the method fo......
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The Nexus Between IP And Clinical Trials: An Australian Perspective
...Human Subjects, Adopted by the 18th WMA General Assembly, Helsinki, Finland, June 1964 2 Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd [2020] FCAFC 116 3 See, e.g., Regeneron Pharmaceuticals Inc v Genentech Inc [2012] EWHC 657 (Pat); Hospira UK Limited v Genentech Inc [2015] EWHC 1796 (Pat)......
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