Apotex Pty Ltd v Sanofi-Aventis Australia Pty Ltd - Claiming intent


The Federal Court of Appeal in Australia recently interpreted method of treatment claims as having an element of intention.

In this article we will be focussing on the construction and novelty of the relevant claim. The infringement aspect of the decision will be dealt with in a separate article.

The subject of these proceedings was Australian patent number 670491 to Sanofi-Aventis Deutschland GmbH. It contains a single claim to:

A method of preventing or treating a skin disorder, wherein the skin disorder is psoriasis, which comprises administering to a recipient an effective amount of a pharmaceutical composition containing as an active ingredient a compound of formula I or II…

LOADING PDF: If there are any problems, click here to download the file.

Published In: Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Freehills Patent Attorneys | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »