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ARTICLE · 16 SEPTEMBER 2015

High Court upholds finding that Crestor patent is invalid

Corrs Chambers Westgarth
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The Court held that an AstraZeneca patent relating to the blockbuster statin drug CRESTOR (rosuvastatin) was invalid.

AustraliaIntellectual Property
Kate Hay
Kate Hay
Jacky Mandelbaum
Jacky Mandelbaum
Sidney Kung (Formerly With Corrs Chambers Westgarth)
Sidney Kung (Formerly With Corrs Chambers Westgarth)
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In the much anticipated AstraZeneca AB v Apotex Pty Ltd1, the High Court of Australia unanimously upheld a decision by an enlarged Full Federal Court (that is, 5 judges rather than the usual 3), that an AstraZeneca patent relating to the blockbuster statin drug CRESTOR (rosuvastatin) is invalid. The AstraZeneca patent is directed to methods of using low doses of rosuvastatin to treat high cholesterol (the Low Dose Patent) which the High Court found lacking in inventiveness (that is, "obvious") when compared with the "prior art base".

The High Court's decision2 clarifies how expert witnesses may undertake searches to locate "prior art information" which may be taken into account when addressing the issue of inventive step and the proper treatment of this "prior art information" in the inventive step analysis.

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