InterPharma Pty Ltd v Hospira, Inc (No 5) [2019] FCA 960

InterPharma Pty Ltd v Hospira, Inc (No 5) [2019] FCA 960

The patent claims were found clear, as 'intensive care unit', its patients, and sedation were sufficiently and objectively defined by skilled addressees at the priority date. No prior art anticipated or rendered obvious the invention, which concerned a specific, previously undescribed use of dexmedetomidine for intensive care unit sedation, distinguishable from prior disclosures. InterPharma's conduct constituted threatened infringement of all relevant claims before expiry, as the proposed product information instructed use within the claimed indications. The Microcell and analogous use ground did not defeat validity, as the specification did not admit dexmedetomidine or its properties as...

Parties
Applicant / Cross Respondent: InterPharma Pty Ltd; Respondent / First Cross Claimant: Hospira, Inc; Second Cross Claimant: Pfizer Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
20 June 2019
Procedural Posture
Patent Litigation / Final Judgment After Trial
Outcome
InterPharma's challenge to the validity of the patent was rejected; threatened infringement prior to expiry found against InterPharma.
Legal Topics
Patents, Infringement, Validity, Pharmaceuticals, Swiss Style Claims, Inventive Step, Novelty, Clarity, Fair Basis, Manner of Manufacture
Intellectual Property Law Patents Infringement Validity Pharmaceuticals Swiss Style Claims Inventive Step Novelty +3 more

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Parties

InterPharma Pty Ltd

Applicant / Cross Respondent

Hospira, Inc

Respondent / First Cross Claimant

Pfizer Australia Pty Ltd

Second Cross Claimant

Procedural Posture

Patent Litigation / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claims of Australian Patent No 754484 lack clarity under s 40(3) Patents Act 1990 (Cth)
  2. 2 Whether the claims are invalid for lack of manner of manufacture, novelty, inventive step or fair basis
  3. 3 Whether the conduct of InterPharma triggers direct or indirect infringement of the patent claims prior to expiry

Ratio Decidendi

The patent claims were found clear, as 'intensive care unit', its patients, and sedation were sufficiently and objectively defined by skilled addressees at the priority date. No prior art anticipated or rendered obvious the invention, which concerned a specific, previously undescribed use of dexmedetomidine for intensive care unit sedation, distinguishable from prior disclosures. InterPharma's conduct constituted threatened infringement of all relevant claims before expiry, as the proposed product information instructed use within the claimed indications. The Microcell and analogous use ground did not defeat validity, as the specification did not admit dexmedetomidine or its properties as...

Court Disposition

InterPharma's challenge to the validity of the patent was rejected; threatened infringement prior to expiry found against InterPharma.

Orders

  • Leave granted to amend particulars of invalidity in the manner allowed by the judgment.
  • Leave to further amend as sought in some particulars refused (see paras 102, 110, 342).