On 9 September 2016 the Full Federal Court of Australia
delivered judgment in Actavis Pty Ltd v Orion Corporation [2016]
FCAFC 121. The Full Court has now given further guidance as to what
will constitute an effective exclusive licence of a patent. The
Court also confirmed that where a feature of an invention is
identified as preferable, it should not be construed as an
essential integer of the invention.
The proceedings related to infringement/revocation of a patent
for a 3-in-1 Parkinson's disease drug, Stalevo.
The Full Court, comprising the bench of Chief Justice Allsop,
Justice Nicholas and Justice Yates, unanimously upheld the primary
judge's findings that:
- the licence granted by Orion Corporation (First Respondent) to
Novartis Pharma AG (Second Respondent) was an exclusive licence and
Novartis Pharma AG therefore had standing to sue Actavis Pty Ltd
and Medis Pharma Pty Ltd (Actavis Parties) for
patent infringement;
