Full Court Minute Books

Case S1/2013

Apotex Pty Ltd v. Sanofi-Aventis Australia Pty Ltd and Ors

Case No.


Case Information

Lower Court Judgment

18/07/2012 Federal Court of Australia (Keane CJ, Bennett and Yates JJ)

[2012] FCAFC 102


Intellectual Property – Patents – Patent claimed administration of pharmaceutical drug as method of preventing or treating particular condition – Administration of drug for different purpose than that specified in patent had effect of preventing or treating condition referred to in patent – Whether methods of treating human body patentable inventions within the meaning of s 18(1)(a) of the Patents Act 1900 (Cth) – Whether second or subsequent medical uses of previously known products patentable inventions.

Intellectual Property – Patents – Infringement – Patent claims use of compound for treatment of a specified disease – Whether a person who supplies the compound and indicates its use for treatment of a different disease infringes the patent under s 177(1) of the Patents Act 1990 (Cth).

Short Particulars


14/12/2012 Hearing (SLA, Sydney)

02/01/2013 Notice of appeal

25/01/2013 Written submissions (Appellant)

25/01/2013 Chronology (Appellant)

15/02/2013 Written submissions (Respondents)

01/03/2013 Reply

28/05/2013 Hearing (Full Court, Canberra)

29/05/2013 Hearing (Full Court, Canberra)

04/12/2013 Judgment  (Judgment summary)