Appeal goes against blockbuster

Posted 24 October 2024 AM

Two patents protecting Bayer's anti-coagulant Xarelto are again in doubt, after an appeal into the decision upholding the patents came down in favour of Sandoz.

On Wednesday the Full Court of Australia found in favour of Sandoz on two grounds of appeal, being that the primary judge erred in finding that patent publication would not have been ascertained within the meaning of s7(3) Patents Act 1990, and that the primary judge applied an incorrect legal test. A third ground of appeal was rejected.

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