On 4 December 2013 the High Court issued its decision in is
Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd & Ors.
Sanofi-Adventis Australia patented the use of the pharmaceutical
drug, Leflunomide, as a method to treat or prevent psoriasis. The
Australian patent on the preparation and composition of Leflunomide
had expired. Apotex intended to supply Leflunomide products in
Australia under the name Apo-Leflunomide for the treatment of
active psoriatic arthritis and rheumatoid arthritis. The product
information of Apo-Leflunomide stated that it was "not
indicated for the treatment of psoriasis that is not associated
with manifestations of arthritic disease".
Sanofi-Adventis Australia sued Apotex for infringement of the
patent. Apotex counter-sued for revocation of the patent on
multiple grounds.
