Alllergan, Inc. v Selfcare IP Holdings Pty Ltd

Allergan, Inc. (Allergan) and Allergan Sales Pty Ltd (together, Allergan) brought proceedings against Selfcare IP Holdings Pty Ltd (Selfcare) in the Federal Court of Australia. The dispute concerned Allergan's Australian Patent No 2012203117 (the Patent), which claimed a method of treating dry eye disease by administering a specific composition. Allergan alleged that Selfcare had infringed the Patent by offering for sale and selling a product containing a composition that fell within the claims of the Patent. Selfcare denied infringement and sought to have the Patent revoked on the grounds of lack of novelty and inventive step.

The primary legal issues before the Court were whether Selfcare had infringed the Patent, and if so, whether the Patent was valid and ought to be revoked. Specifically, the Court was required to determine if the claims of the Patent were novel and involved an inventive step over the prior art, and whether Selfcare's product, when administered, constituted a method falling within the scope of the patent claims.

Justice Debrett Lyons found that Selfcare had infringed the Patent. Her Honour concluded that the prior art relied upon by Selfcare did not anticipate the claims of the Patent, nor did it render the invention obvious. The Court reasoned that the specific formulation and its efficacy in treating dry eye disease, as claimed, were not disclosed or suggested by the prior art. Consequently, the Patent was held to be valid and infringed.