The Full Court clarifies the starting point for inventive step

The Full Federal Court in AstraZeneca AB v Apotex Pty Ltd has upheld the trial judge’s finding that AstraZeneca patents relating to its blockbuster drug CRESTOR are invalid. The key issue on appeal, and the reason the Full Court agreed to sit as an enlarged bench, related to determination of the appropriate “starting point”, if any, for assessing inventive step. This was first published in the Australian Intellectual Property Law Bulletin (2014) 27(10) IPLB.

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