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ARTICLE · 18 JUNE 2025

Patent term extensions – Insights from recent Federal Court decisions

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Examines some of the key issues dealt with by the Federal Court in recent patent law cases.

AustraliaIntellectual Property
Candace Wu
Candace Wu
Michael Christie
Michael Christie
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Over recent years, Australian courts have heard a growing number of challenges to pharmaceutical patent term extensions (PTEs). The decisions in these cases signal an increasingly contentious landscape for PTEs and underscore the need for pharmaceutical companies to carefully develop their PTE strategies with a view to potential litigation.

Several high-profile examples provide valuable insights for patent owners and pharmaceutical innovators. Below we examine some of the key issues dealt with by the Federal Court in Novartis AG v Pharmacor Pty Limited (No 3) [2024] FCA 1307 (Novartis), Cipla Australia Pty Ltd v Novo Nordisk A/S [2024] FCA 1414 (Cipla), and Sun Pharma ANZ Pty Ltd v Otsuka Pharmaceutical Co Ltd [2025] FCA 44 (Sun Pharma).

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