AstraZeneca AB v Apotex Pty Ltd [2015] HCA 30

AstraZeneca AB v Apotex Pty Ltd [2015] HCA 30

The claimed method of treatment using rosuvastatin at starting doses of 5–10 mg did not involve an inventive step because the invention would have been obvious to a person skilled in the art in light of the common general knowledge and either the Watanabe article or Patent 471, each considered separately, per ss 7(2), 7(3) of the Patents Act 1990 (Cth). The prior art documents were ascertainable, understandable, and relevant; routine steps would have led the skilled person to try the claimed invention in the expectation of improved results.

Parties
Appellant: AstraZeneca AB; Appellant: AstraZeneca Pty Ltd; Respondent: Apotex Pty Ltd; Respondent: Watson Pharma Pty Ltd (now Actavis Pharma Pty Ltd); Respondent: Ascent Pharma Pty Ltd; Intervener: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
02 September 2015
Procedural Posture
Patent Appeal / Final Appeal/high Court Decision
Outcome
appeal dismissed
Legal Topics
Patents, Inventive Step, Obviousness, Pharmaceutical Inventions, Patent Entitlement, Prior Art Assessment
Intellectual Property Patents Inventive Step Obviousness Pharmaceutical Inventions Patent Entitlement Prior Art Assessment

Case Brief

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Parties

AstraZeneca AB

Appellant

AstraZeneca Pty Ltd

Appellant

Apotex Pty Ltd

Respondent

Watson Pharma Pty Ltd (now Actavis Pharma Pty Ltd)

Respondent

Ascent Pharma Pty Ltd

Respondent

Commonwealth of Australia

Intervener

Procedural Posture

Patent Appeal / Final Appeal/high Court Decision

Legal Issues

  1. 1 Whether the claimed patent invention was obvious in light of common general knowledge and s 7(3) prior art information under the Patents Act 1990 (Cth)
  2. 2 Whether prior art documents were relevant, understood and capable of separate consideration per ss 7(2), 7(3)
  3. 3 Whether AstraZeneca was entitled to the patent

Ratio Decidendi

The claimed method of treatment using rosuvastatin at starting doses of 5–10 mg did not involve an inventive step because the invention would have been obvious to a person skilled in the art in light of the common general knowledge and either the Watanabe article or Patent 471, each considered separately, per ss 7(2), 7(3) of the Patents Act 1990 (Cth). The prior art documents were ascertainable, understandable, and relevant; routine steps would have led the skilled person to try the claimed invention in the expectation of improved results.

Court Disposition

appeal dismissed

Orders

  • In each matter, appeal dismissed with costs.