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Posts with tag litigation

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Australian Courts apply “European Support” test to find key Wyeth’s Prevnar 13 patent invalid
In the recent decision in the Australian front of the Prevnar 13 patent litigation, Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] FCA 1477 (MSD v Wyeth), the Federal Court found that MSD infringed or threatened to infringe only one of the three patents asserted against it. While ultimately successful, two of Wyeth’s patents asserted were held invalid. The Court found that while it was content to construe one of these patents broadly, this broad construction...
November 4, 2020
10 min read