Posted by Michael Wonder on 18 Feb 2017
When is applying for listing on the Pharmaceutical Benefits Scheme not an infringement?
16 February 2017 - In the most recent judgement in the Australian Lyrica litigation, Nicholas J has delivered an interesting decision regarding whether applying for PBS listing constitutes infringement of a patent.
Quick summary
- Preliminary injunctions are often granted in Australia to prevent the listing of a potentially infringing product on the PBS.
- This judgement considers the situation where the application for PBS listing occurs before patent expiry, but the product will be listed on the PBS after expiry.
- Applying for PBS listing in this case is found not to be an ‘offer to supply’ and thus not an infringement.
