In the recent Australian Patent Office decision of
H Lundbeck A/S v Sandoz Pty Ltd [2019] APO 18 (11 April
2019), Sandoz was successful in its application for a
compulsory licence to protect its exploitation of Lundbeck's
Australian Patent No. 623144 ("the Escitalopram
Patent").
Background to the Case
Lundbeck's blockbuster antidepressant, escitalopram,
marketed as Lexapro®, has been the subject of extensive patent
litigation in Australia over the past decade. The Escitalopram
Patent claims the (+)-enantiomer of citalopram per se and
its methods of preparation. Citalopram is a racemic mixture of the
(+) and (-)-enantiomers, marketed by Lundbeck as Cipramil®, and
is the subject of an earlier Lundbeck patent.
