Australian High Court hears high-stakes matter of PTE eligibility of formulation patents (opens in new tab)

In 16–17 June 2026, the High Court of Australia heard an appeal from a decision of the Full Federal Court to deny patent term extension (PTE) eligibility for formulation patents in Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161. While the much-anticipated decision of the five-judge bench (Gageler CJ, Steward, Gordon, Edelman and Jagot JJ) is likely to take around three