The Prescription - April 2020

• The quick pace of legal and regulatory change in response to COVID-19

  By Ben MillerSophie Vo

  Partner Ben Miller and Lawyer Sophie Vo discuss the immediate legal and regulatory measures implemented by the Australian government and regulatory agencies for access to pharmaceuticals, testing kits and medical devices in light of the Coronavirus (COVID-19).

• Private healthcare – through the pandemic and beyond

  By Aaron Kloczko

  Partner Aaron Kloczko provides an overview of the recent developments in the Australian private hospital and private health insurance environments and identifies a number of implications for this sector arising from the COVID-19 pandemic.

• Federal Court confirms patentability of gene-based diagnostic methods in Australia

  By Ben Miller, Stephen Rohl

  Federal Court confirms patentability of gene-based diagnostic methods in Australia Partner Ben Miller and Senior Associate Stephen Rohl discuss the Federal Court’s decision at first instance in Sequenom Inc v Ariosa Diagnostics Inc [2019] FCA 1011.

• A sector in need of immediate reform – the Royal Commission into Aged Care Quality and Safety

  Senior Associate Elizabeth Blanch outlines the progress of the Royal Commission into Aged Care Quality and Safety, including the Commissioners’ Interim Report titled 'Neglect'.

• Knowledge and copying not enough for additional damages for patent infringement

  By Ben MillerNatasha Faigenbaum

  We review a recent decision of the Full Federal Court which emphasises the limits on the availability of additional damages for patent infringement in Australia.

• A watching brief – the use of surveillance devices in residential aged care facilities

  By Alexandra Adams

  Senior Associate Alexandra Adams surveys the issues arising from requests for the installation and use of surveillance devices in residential aged care facilities.

• Australian women win representative action against Johnson & Johnson

  By Angela WoodDanielle Pettit

  Partner Angela Wood discusses the important decision of the Federal Court in the representative class action against Johnson & Johnson regarding its transvaginal mesh products.

• No pain relief for AFT Pharmaceuticals in appeal of misleading Maxigesic advertising

  By Shaun TembyLayth Zumot

  Partner Shaun Temby reviews a recent decision of the Full Federal Court regarding comparative advertising of pharmaceutical products.

• When aged care meets the NDIS – a compliance roadmap for approved providers of aged care

  By Angela Wood, Alexandra AdamsJoanne Chenn

  We lay out a compliance roadmap for providers of residential aged care services to navigate the complexities of the Aged Care Act 1997 (Cth) and the National Disability Insurance Scheme Act 2013 (Cth).

• Best method alone strikes down another patent

  By Ben Miller, Stephen Rohl

  Partner Ben Miller and Senior Associate Stephen Rohl consider a recent decision of the Federal Court which provides a timely reminder of the rise in status of the Australian 'best method' requirement for validity of patents.