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ARTICLE · 25 AUGUST 2022

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Not What The Doctor Ordered: Authorisation Application Withdrawn For Pharma Patent Settlement In Australia

Bird & Bird
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Pharmaceutical manufacturing group, Celgene Corporation and Celgene Pty Ltd (together, "Celgene"), and generic drug companies, Juno Pharmaceuticals ("Juno") and Natco Pharma ("Natco")...

AustraliaAntitrust/Competition Law
Thomas Jones
Thomas Jones
Jane Owen
Jane Owen
Matthew Bovaird
Matthew Bovaird
Patrick Cordwell
Patrick Cordwell
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Pharmaceutical manufacturing group, Celgene Corporation and Celgene Pty Ltd (together, "Celgene"), and generic drug companies, Juno Pharmaceuticals ("Juno") and Natco Pharma ("Natco"), have withdrawn their application to the Australian Competition and Consumer Commission ("ACCC") for the authorisation of a settlement and licence agreement.

Litigation background

On 9 November 2020, Juno and Natco commenced proceedings against Celgene in the Federal Court of Australia claiming that Celgene's patents for lenalidomide and pomalidomide were invalid and should be revoked. On 29 January 2021, Celgene filed a cross claim against Juno and Natco claiming that they had threatened to infringe Celgene's patents.

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