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Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd (No 2) [2016] FCAFC 111

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PATENTS - appeal against decision of primary judge that appellants' claims were invalid for lack of novelty and lack of inventive step - where primary judge held respondent would have infringed appellants' claims had they been valid - where patent concerns carbostyril compound called aripiprazole and its use in treatment of schizophrenia - where primary judge held features of claims accretions to knowledge or arbitrary not sufficient to give rise to novelty - whether primary judge's conclusions about novelty and inventive step based on a flawed construction of the claims - whether primary judge erred in not construing a feature as an essential feature or integer of a claim - whether primary judge erred in finding a feature arbitrary

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