Sonus Pharmaceuticals, Inc v Alliance Pharmaceutical Corp and Schering Aktiengesellschaft

Sonus Pharmaceuticals, Inc brought proceedings against Alliance Pharmaceutical Corp and Schering Aktiengesellschaft, alleging patent infringement in relation to a pharmaceutical product. The case was heard by the Federal Court of Australia, which was required to determine whether the patents held by Sonus were valid and whether they had been infringed by the defendants. The court also needed to consider the appropriate remedy for the infringement.

The primary legal issue was the validity of the patents and whether the defendants had infringed them. This involved examining the claims of the patents, the prior art, and the technical specifications to determine if the defendants' products met the criteria for infringement. The court also needed to assess the scope of the patents and whether the defendants' products fell within that scope. Additionally, the court had to consider the appropriate remedy for the infringement, which could include damages, an account of profits, or an injunction.

In its decision, the Federal Court found that the patents held by Sonus were valid and had been infringed by the defendants. The court detailed the technical specifications of the patents and compared them with the defendants' products, finding that the latter met the criteria for infringement. The court also considered the balance of considerations, including the extent of the infringement and the need to protect intellectual property rights. The court concluded that the appropriate remedy was an injunction preventing the defendants from continuing to manufacture and sell the infringing product, as well as an order for the defendants to pay damages to Sonus. The court also ordered the defendants to provide an account of profits gained from the infringement.