Alphapharm Pty Ltd v H Lundbeck A/S & Ors

Alphapharm Pty Ltd (Alphapharm) sought to import and sell a generic version of the antidepressant citalopram, the active ingredient of which was Lundbeck's patented drug Cipramil. Lundbeck, the patent holder, and its Australian subsidiary, H Lundbeck A/S, sought to prevent Alphapharm from doing so. The dispute ultimately came before the High Court of Australia.

The central legal issue before the High Court was whether Alphapharm's proposed importation and sale of its generic citalopram product would infringe Lundbeck's Australian patent. This involved determining the scope of Lundbeck's patent claims and whether Alphapharm's product fell within that scope, particularly in light of the specific chemical structure and potential variations of the active ingredient.

The High Court considered the principles of patent infringement, focusing on the construction of patent claims and the doctrine of equivalents. The Court analysed the chemical composition of Alphapharm's proposed product and compared it to the patented invention as described in Lundbeck's patent specifications. The Court applied established legal principles regarding the interpretation of patent claims and the assessment of infringement, considering whether Alphapharm's product, despite any minor differences, performed substantially the same function in substantially the same way to achieve substantially the same result as the patented invention.

The High Court found that Alphapharm's proposed product did not infringe Lundbeck's patent. Consequently, the Court ordered that Alphapharm was entitled to import and sell its generic citalopram product.