Sanofi v Parke Davis Pty Ltd (No 2)

Sanofi Pty Ltd (Sanofi) and Parke Davis Pty Ltd (Parke Davis) were parties to proceedings in the High Court of Australia concerning the validity of a patent. The dispute centred on whether Sanofi's patent for a new pharmaceutical product, specifically a method of treating a particular disease, was valid and had been infringed by Parke Davis.

The High Court was required to determine several key legal issues. These included whether the patent met the requirements of novelty and inventive step under the relevant patent legislation, whether the patent specification adequately disclosed the invention, and whether Parke Davis had infringed the patent. The court also considered the proper approach to construing patent claims and the standard of proof required to establish invalidity.

In its reasoning, the High Court applied established principles of patent law, including the tests for novelty and inventive step, and the requirement for sufficient and clear disclosure in the patent specification. The court analysed the evidence presented by both parties regarding the prior art and the inventive contribution of Sanofi's patent. The construction of the patent claims was undertaken by reference to the language used in the claims themselves, read in light of the specification as a whole. The court found that the patent was valid and had been infringed.