Otsuka Pharmaceutical Co., Ltd & Ors v. Sun Pharma Anz Pty Ltd

Lower Court Judgment

1/12/2025 Federal Court of Australia (Burley, Rofe and Owens JJ)

[2025] FCAFC 161

Catchwords

Patents – validity of claims and extension of term patent for controlled release aripiprazole formulations ¬– methods for preparing and using formulations – requirement for specification of invention under ss 40(2)(b) and 40(3)¬ of the Patents Act 1990 (Cth) – whether pharmaceutical substance can include formulations for the purpose of s 70(2)(a) or is it limited to active substances