Blake Dawson – Lilly awarded an injunction in Australian Gemzar case

Ben Miller and Georgia Marshall of Blake Dawson report on the decision of Interpharma Pty Ltd v Commissioner of Patents [2008] FCA 1498 in which the Federal Court of Australia granted Lilly an interlocutory injunction to restrain Interpharma from launching its generic version of Gemzar. According to Ben Miller and Georgia Marshall, the case is the second case in the last year in which the Federal Court has granted an interlocutory injunction to restrain a generic launch, largely on the basis of complexities in the operation of the PBS price reduction scheme. Ben Miller and Georgia Marshall note that the impact of recent amendments to the Australian Pharmaceutical Benefits Scheme (PBS) on pharmaceutical patent cases in Australia is becoming clearer with each decision of the Courts in injunction applications.

Lilly awarded an injunction in Australian Gemzar case