Recent Cases

H. Lundbeck A/S v Sandoz Pty Ltd [2022] HCA 4 (09 March 2022) (Kiefel CJ, Gageler, Edelman, Steward and Gleeson JJ)


Catchwords:


Contract – Construction – Where clause in settlement agreement entered into between appellants and respondent prior to expiry of original term of patent granted respondent non-exclusive licence to exploit patent – Where clause in settlement agreement did not specify end date of non-exclusive licence – Whether non-exclusive licence applied to acts during extended term of patent.

Patents – Infringement – Where term of patent extended under Patents Act 1990 (Cth) (“Act”) – Where patentee and exclusive licensee brought infringement proceedings for acts done during extended term of patent – Whether exclusive licensee had rights to bring infringement proceedings under s 79 of Act for acts done during extended term of patent – Whether respondent engaged in misleading or deceptive conduct by not disclosing to customers possibility that term of patent might be extended – Construction and effect of s 79 of Act – When patentee’s cause of action accrued under s 79 of Act for the purposes of s 51A(1)(a) of Federal Court of Australia Act 1976 (Cth).

Words and phrases – “acts of infringement”, “cause of action accrued”, “commercial benefit”, “exclusive licensee”, “extension”, “extension of the term of the patent”, “grant of an extension”, “infringement proceedings”, “irrevocable non-exclusive licence”, “misleading or deceptive conduct”, “patent”, “patentee’s rights”, “pharmaceutical substance”, “term of the patent”.