A preliminary discovery application brought in the Federal Court
of Australia by GlaxoSmithKline Australia Pty Ltd (GSK) shortly
before Christmas has sparked interest in the potential for
patentees to prevent non-patent infringing generic pharmaceutical
products entering the Australian market.
Background facts
The paracetamol market in Australia saw significant legal
attention in the last months of 2014. In October, following
GSK's commencement of proceedings, Apotex Pty Ltd and Generic
Partners Pty Ltd gave undertakings to the Court not to supply
generic products (which they had admitted an intention to sell)
falling within the scope of GSK's sustained released
paracetamol patent (the Patent), pending the outcome of
infringement and invalidity proceedings in respect of the Patent.
GSK has marketed its sustained release products, Panadol Back and
Neck Long-Lasting and Panadol Osteo, in Australia since 2000 and
Panadol Osteo is the only long-release paracetamol
