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Court grants interlocutory injunction in patent case

Alexia Mayer, Lawyer of Allens Arthur Robinson, reviews GenRx Pty Ltd v Sanofi-Aventis [2007] FCA 1485, in which the Federal Court granted an interlocutory injunction to restrain infringement of a pharmaceutical patent. According to Alexia Mayer, delay by a generic in commencing revocation proceedings until the launch of the generic product is imminent may increase the chances of a patentee obtaining interlocutory relief.

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Issue estoppel in patent case

Alexia Mayer, Lawyer of Allens Arthur Robinson, reviews E I Du Pont de Nemours & Co v Imperial Chemical Industries Plc [2007] FCAFC 163 in which the Full Federal Court considered whether a finding that a parent application lacked novelty necessarily encompassed a finding that a specific dependent claim within that application also lacked novelty, so as to raise an issue estoppel in subsequent proceedings relating to a claim of that scope in a divisional application.

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