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ARTICLE · 14 APRIL 2021

Rocket docket pharma patent litigation taking off in Australia and other emerging trends

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Overview of recent pharmaceutical patent dispute and key takeaways.

AustraliaIntellectual Property
David Fixler
David Fixler
Colette Downie
Colette Downie
Rachelle Downie
Rachelle Downie
Sarah Catania
Sarah Catania
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The recent interlocutory decision of Justice Beach in Juno Pharmaceuticals Pty Ltd v Celgene Corporation [2021] FCA 236 is a case study of numerous emerging trends in Australian pharmaceutical patent litigation.

First, it shows the Federal Court's increasing willingness to grant expedited trials in pharmaceutical patent cases at the urging of generic and biosimilar companies. Second, it illustrates the Court's reluctance to prevent a patentee from bringing an infringement case even where the product in question has not obtained regulatory approval. Third, it highlights the increasing appetite of generic and biosimilar companies to attack patents for failure to comply with Australia's idiosyncratic and onerous requirement to disclose the 'best method'.

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