Jackie O'Brien (AU)

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Lundbeck v Sandoz – High Court decision

By Jackie O'Brien (AU) and Louise Connell on March 14, 2022 Posted in Enforcement, General

1. Introduction The High Court has delivered the latest instalment in Lundbeck and Sandoz’s lengthy saga concerning escitalopram. The particular circumstances giving rise to this dispute are unique, however, the High Court’s approach to interpreting a patent licence granted by Lundbeck to Sandoz should be considered when preparing patent licences. The High Court’s decision may … Continue reading

Representative McDermott urges RAC appeal fix

By Mark Faccenda (US), Frances Drummond (AU), Nick Abrahams (AU), Bernard O'Shea (AU) and Jackie O'Brien (AU) on March 26, 2014 Posted in Regulatory

On March 18, 2014, Representative Jim McDermott (D-Wash.) sent a letter to US Department of Health and Human Services (“HHS”) Secretary Kathleen Sebelius “express[ing] concern about the backlog of appeals pending with the Office of Medicare Hearings and Appeals (“OMHA”)” and making recommendations for the improvement of the recovery audit contractor (“RAC”) audit appeals process. … Continue reading

Australian patents – exception for manufacture for export

By Jackie O'Brien (AU), Frances Drummond (AU) and Bernard O'Shea (AU) on March 26, 2014 Posted in International, Regulatory

In a move that has been threatened for some time, legislation has been introduced into the Australian parliament to create a further exception to the patentee’s rights. This will allow for the manufacture of patent protected medicines in Australia where the products are going to be exported to address a public health issue either in … Continue reading