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Court ends exclusivity absurdity

Posted 15 June 2021 AM

In a decision that could have wide-reaching implications for the pharma industry, the Federal Court has ordered the Commisioner of Patents to grant BMS a patent term extension (PTE) for its blockbuster cancer drug Opdivo that pushes out to 2031.

The sternly worded judgment delivered by Justice Jonathan Beach said the Commissioner's interpretation of legislation - the basis on which the extension was refused - leads to "manifest absurdity or unreasonableness". 

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