Please join us on 31 March 2022 at 5pm AEDT for a discussion on the High Court’s decision in Lundbeck v Sandoz.

About

The patent dispute between the Danish pharmaceutical company, Lundbeck and generics concerning the anti-depressant, escitalopram (LEXAPRO), is the longest running piece of Australian patent litigation and has resulted in the largest damages award on record. This is the second occasion on which an aspect of the matter has been heard by the High Court. In its recent decision, the High Court has unanimously overturned a decision of the Full Federal Court finding that Sandoz had a complete defence to patent infringement by virtue of a licence in a settlement agreement. The High Court also upheld findings of the Full Court in Sandoz’ favour concerning the time from which Lundbeck was entitled to claim pre-judgment interest, the standing of Lundbeck’s Australian subsidiary and its claim for misleading or deceptive conduct.

About the Speaker

David Fixler is an IP litigator with significant experience in complex, high-profile intellectual property disputes.

David has a strong reputation for his work in patent litigation and frequently acts in infringement / revocation proceedings in the Federal Court at trial and on appeal. These matters often include urgent applications for interlocutory injunctions, parallel proceedings globally and complex scientific evidence.

David acts across a wide range of sectors and technologies including pharmaceuticals and biologics, mining, steel, online gaming, water filtration, complementary medicines and consumer goods.

David is recognised as a leading IP lawyer by numerous legal directories and publications including Best Lawyers, IAM Patent 1000 and World Trade Mark Review.

He is a member of the Intellectual Property Society of Australia and New Zealand (IPSANZ) and the International Association for the Protection of Intellectual Property (AIPPI).

David acts for Lundbeck.