Aktiebolaget Hassle & Anor v Alphapharm

The applicants, Aktiebolaget Hassle and AstraZeneca AB, sought to restrain the respondent, Alphapharm Pty Ltd, from infringing their Australian patent No. 577,781, which claimed a novel pharmaceutical compound, omeprazole, and its use in treating gastrointestinal disorders. The Federal Court of Australia was required to determine whether Alphapharm's proposed generic product, omeprazole, infringed the patent.

The central legal issues before the Court were whether Alphapharm's product fell within the scope of the patent claims, particularly claim 1 which defined omeprazole by its chemical structure and properties, and whether the patent was valid. Specifically, the Court had to consider the interpretation of the patent claims and the doctrine of equivalents in determining infringement, as well as the patentability of omeprazole at the time of filing.

McHugh and Kirby JJ, applying principles of patent law, found that Alphapharm's omeprazole product was structurally identical to the compound claimed in patent No. 577,781. Their Honours concluded that the patent was valid and that Alphapharm's product infringed claim 1 of the patent. The Court reasoned that the patent clearly defined the compound, and Alphapharm's product fell squarely within that definition.

The Court ordered that Alphapharm be restrained from infringing the patent.