A second round of Stelara patents revoked in Australia
- Wayne Condon
- Jun 23
- 1 min read
In an unusual move, on 9 June three Australian innovation patents claiming the use of Stelara to treat ulcerative colitis were revoked part way through the final hearing in a Federal Court patent infringement proceeding between Janssen Biotech and Samsung Bioepis. No reasons for the making of the revocation order have been published which makes it even more unusual – however the implication seems to be that Janssen decided to capitulate during the course of the hearing.
Innovation patents have a lower patentability threshold compared to standard patents and are therefore, at least theoretically, more difficult to invalidate.i Janssen has boldly adopted the strategic deployment of a brace of divisional innovation patents from a currently pending parent in an effort to stem biosimilar competition to its blockbuster Stelara drug. So far the strategy has proven spectacularly unsuccessful. Two earlier innovation divisionals were originally sued upon by Janssen but were subsequently voluntarily surrendered in the face of Samsung’s challenge to validity. Now that the three additional divisionals filed by Janssen and asserted against Samsung have also been revoked the focus shifts to the pending parent which is being opposed by Samsung. i Innovation patents in Australia have been phased out. The last day to file a new innovation patent application was August 25, 2021. However, innovation patents in force as at that date and those based on applications filed before the deadline ( including divisionals ) continue to be in force until their expiry,
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