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Pfizer wins more docs in preliminary discovery saga over Enbrel biosimilar
Ashurst 2021-11-18 12:46 pm By Christine Caulfield

Five years into a preliminary discovery application for a potential patent infringement lawsuit over a biosimilar of its Enbrel medication, Pfizer has partially succeeded in obtaining further documents from Samsung Bioepis.

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Latest patent ruling rejecting AI inventorship puts Federal Court in minority
Allens 2021-09-24 1:58 pm By Miklos Bolza

The Federal Court’s decision that artificial intelligence can be listed on a patent application as the inventor has become an outlier, as the UK joins the US in rejecting what has become an international battle to claim AI inventorship.

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Merck Sharp & Dohme appeals judgment tossing Januvia patent extension
Appeals 2021-09-10 6:04 pm By Miklos Bolza

Merck Sharp & Dohme is seeking to overturn a judgment refusing an extension of a patent covering its Januvia and Janumet diabetes drugs that would have seen the US drug maker of retaining a monopoly over the multibillion dollar medicines beyond July 2022.

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Commissioner of Patents challenges landmark ruling on artificial intelligence
Allens 2021-08-30 1:47 pm By Cat Fredenburgh

The Commissioner of Patents has appealed a landmark judgment that found artificial intelligence can be named an inventor on a patent application.

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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Australian Government Solicitor 2021-08-12 2:29 pm By Miklos Bolza

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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Aristocrat judge got it right in patent analysis for computer-implemented inventions, Full Court told
Angus Lang 2021-08-11 9:32 pm By Christine Caulfield

The right approach to determining patentability of a computer-implemented invention is to first assess whether it is more than a mere scheme or business method, the Full Federal Court has been told in an appeal of a ruling backing IP Australia’s revocation of two patents by plumbing company Repipe.

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‘Why cannot our own creations also create?’: AI can be inventor on patent, court finds
Allens 2021-07-30 12:39 pm By Cat Fredenburgh

A judge has found artificial intelligence can be named as the inventor on a patent application, setting aside an IP Australia finding that allowing a machine to be considered an inventor would render the Patents Act incapable of “sensible operation”.

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After GetSwift, judge could not hear split trial in Revlimid patent case, court told
Christian Dimitriadis 2021-07-20 8:39 pm By Christine Caulfield

A proposal by Bristol-Myers Squibb-owned Celgene to split a second trial into two more hearings in a dispute over patents covering the pharmaceutical maker’s top selling cancer drug Revlimid would result in wasted costs, wasted time and require a second judge, a court has been told.

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Full Court upholds Sequenom’s win in patent battle over prenatal genetic tests
Adrian Ryan 2021-06-21 6:34 pm By Miklos Bolza

The Full Federal Court has upheld US biotech company Sequenom’s  patent for a noninvasive prenatal genetic test, rejecting rival Ariosa Diagnostic’s argument that the patent merely described a way to extract incorporeal genetic information.

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Judge tosses Caltex trade mark case, says Chevron does not own colour red
Addisons 2021-06-08 9:57 pm By Miklos Bolza

Chevron has mostly failed in its lawsuit accusing Australian petrol station company Ampol of infringing its Caltex trade marks, with a judge finding that Chevron’s case sought exclusive use over the colour red and was “at odds with commercial sense”.

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