The Australian government has made numerous claims for damages against patentees for savings forgone when an interlocutory/preliminary injunction delays generic launch but the patent is invalidated or there is a finding of non-infringement.
Recent Australian decisions have resulted in both new opportunities to challenge patent term extensions in Australia and new patent prosecution practices to shield against them. We summarise here what is known about PTE, and the areas that are ripe for further challenge.
This year held some fascinating developments in IP litigation, from whether AI can be named as an inventor on a patent, to a decision on PTEs with far-reaching implications. Naomi Pearce, Kate Legge and Emily Dwyer of Pearce IP report.
New developments in Australia’s Patent Office and its courts have confirmed that overturning a patent term extension may be the “sleeper” strategy to achieve early generic/biosimilar market entry in Australia.