Patent Law Update – Full Federal Court upholds Justice Burley’s findings that only half of Juno’s proposed product infringes Pharmacia’s valid patent
Author Tom Cordiner KC, Melissa Marcus, Clare Cunliffe & Marcus Fleming |
26th October, 2022
Pharmacia LLC v Juno Pharmaceuticals Pty Ltd [2022] FCAFC 167
In Pharmacia LLC v Juno Pharmaceuticals Pty Ltd [2022] FCAFC 167, the Full Court (Jagot, Yates and Downes JJ) upheld Burley J’s conclusions that three of six batches of Juno Pharmaceutical Pty Ltd’s parecoxib products did not infringe Pharmacia LLC’s patent, and that a conclusion as to whether Pharmacia and Pfizer Australia Pty Ltd (the Pharmacia parties) should have its costs of its infringement case should be deferred.
Their Honours also upheld Burley J’s conclusions that the other three batches of Juno’s products did infringe, that the patent was valid, that Juno should pay Pharmacia’s costs in relation to validity, and that Pharmacia should have a certificate of contested validity.
