Recent Cases

Merck Sharp and Dohme Corp. v Sandoz Pty Ltd [2022] FCAFC 40 (18 March 2022) (Allsop CJ, Yates and Burley JJ)


Catchwords:


INTELLECTUAL PROPERTY – patents – whether extension of term of patent valid – construction of ss 71(2)(b) and 77 of the Patents Act 1990 (Cth) (Patents Act) – consideration of history and purpose of Pt 3 of Ch 6 of the Patents Act – challenge to construction of s 70(5) in Pfizer Corp – appeal dismissed