GENERICS firm Alphapharm has won a landmark case enabling it to launch its insulin biosimilar Semglee in Australia after the Full Federal Court rejected Sanofi's application for leave to appeal.
Both the first hearing and Full Court concluded that Alphapharm had a strong prima facie case of invalidity of the Sanofi patent.
Even though Sanofi had established a prima facie case that Alphapharm's product fell within the scope of the initial claim, there was a weak prima facie case of infringement because it was not possible to infringe an invalid patent.
Full details are at ashurst.com.
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