August 2014 – IP Law Watch

Are you Ready for Commencement of New Zealand’s New Patents Act?

Aug 30 2014

New Zealand patent law has been completely overhauled and modernised. Details of the changes can be found here. The new law commences on 13 September 2014, which is only two weeks away!

The new provisions raise the requirements for patentability and the requirements for patent specifications and bring New Zealand patent law into substantial conformity with the patent laws of other developed countries, such as Australia. Among the new provisions is a provision which denies patentability to alleged inventions where the contribution to the art lies solely in it being a computer program. Read More

AstraZeneca Loses Latest Bout Over Rosuvastatin Patents

Aug 12 2014

The Full Federal Court of Australia has upheld the first instance judgment of the Federal Court of Australia that the three patents protecting AstraZenica’s rosuvastatin products (marketed as Crestor) are invalid.

In judgment handed down on 12 August 2014, the court unanimously dismissed the appeals by AstraZeneca against generic pharmaceutical companies Apotex Pty Ltd, Watson Pharma Pty Ltd and Ascent Pharma Pty Ltd. Read More

A Second Helping of Kebab

Aug 11 2014

Additional Damages for Past Trade Mark Infringements

In June 2014 the Federal Court made its first award of additional damages for trade mark infringement under the ‘Raising the Bar’ amendments to the Trade Marks Act 1995 (TM Act). We reported on the original judgment in our 23 June 2014 alert, which you can find here.

Today, the Federal Court of Australia handed down another judgment in that case. This second judgement suggests that additional damages may also be available for trade mark infringements that occurred before 15 April 2013.

FDA Accepts First Biosimilar Application Filed Under Section 351(K) of the Public Health Services Act

Aug 06 2014

On 24 July 2014, over four years after the enactment of the Biologics Price Competition and Innovation Act, the FDA accepted its first biosimilar application from Sandoz Inc. (Sandoz). Sandoz’s application is for a biosimilar version of Amgen Inc.’s (Amgen) Neupogen® (filgrastim). Neupogen® is a pharmaceutical analog of human granulocyte colony stimulating factor that is used to treat neutropenia, a condition where the body does not make enough neutrophils, a type of white blood cell. Amgen’s Neuprogen® is indicated for use by patients receiving strong chemotherapy to reduce their risk of infection. Read More

Archive:August 2014