García Meza Azanca Alhelí vs. Peru's Health Ministry, Peru, 2003

The Constitutional Court ordered the inclusion of the appellant in the group of patients who will receive comprehensive medical treatment against HIV/AIDS by the Ministry of Health, which includes the provision of medicines and relevant analysis, as required by the treating physicians and hospital. The State of Peru is encouraged to view the costs of the provision of medical treatment not as expenditure but as a priority investment. The hospital is obliged to report back to the court every six months.

Purepac Pharmaceutical Company v. FDA, U.S District Court 1998

In this case, a United States district court ruled that successfully defending a patent infringement dispute is not a necessary requirement for a generic manufacturer to benefit from a 180-day exclusivity period. US law provides, under certain circumstances, a 180-day period of exclusivity to reward the first launch of a generic copy of an originator drug.

Case Summary

Brenner v. Manson, (U.S. Supreme Court, 383 US 519 (1966)

This case addresses the extent to which an applicant for a process patent needs to demonstrate utility (industrial application) of the process and the resulting product. The Supreme Court held that the practical utility of the compound produced by a chemical process is an essential element in establishing a prima facie case for the patentability of the process.

Bristol-Myers Squibb Co. v. F.H. Faulding & Co. Ltd., FCA 316, 170 ALR 439, Australia, 2000

In this case, the Australian Federal Court addressed the patentability of methods of treatment of the human body, how novelty can be destroyed and what amounts to secondary infringement.

AbbVie Corporation, AbbVie Deutschland GmbH & Co. KG and AbbVie Biotechnology Ltd. v. Janssen Inc., 2014 FC 489 (Federal Court of Canada, 29 May 2014)

The Canadian Federal Court granted a limited injunction that prevented the defendant from any further marketing activity for an infringing product but allowed the selling of the same infringing product to patients in the absence of an alternative supplier. The decision is important for the treatment of patent holders that do not use their invention (“non-practicing entities”).

Case Summary