Method For The Topical Treatment of Pain Case Study - Medical Science Assignment Help

Assignment Task 

You are asked to provide advice on how to stop the activities of Coastal Rivers Aboriginal Community and East Coast University in relation to the following applications. For the avoidance of doubt, neither the patent applications nor plant breeder's rights applications have proceeded to grant. 
 

Question 1 : The patent application for the extract and method for the topical treatment of pain. 
 

Question 2 : The patent and plant breeder's rights applications for the new Saltwater Bush plant variety. 
 

FACT SCENARIO : The following scenario provides information to be considered in answering Questions 3 and 4 
 

PharmCo is a major pharmaceutical company and registered owner of an Australian standard patent for an invention consisting of a composition of active ingredient X and solvent ingredient Y mixed in a ratio within the range of 40:60 to 60:40. The patent includes product claims and claims to a method of treating a patient with cancer by administering the composition of X and Y according to a specific dosage regime. Both X and Y have been known for many years but the synergistic effect was not publicly known before the priority date of the patent and neither ingredient was known to have use in the treatment of cancer. 
PharmCo has learned that Adolphus Medical, a major competitor, is conducting a marketing campaign in which it is offering to sell X to major hospitals with a booklet containing instructions directed to a pharmacist for making a mixture of X and Y in a 50:50 ratio. A companion set of written instructions then give an explanation for a treatment of patients with bowel cancer by administration of the resulting composition with a dosage regime that falls within the method claims of the PharmCo patent. Adolphus Medical also offers to supply ingredient Y. 
 

Adolphus Medical also releases a research publication by their employee Dr Fern Mason on the treatment of bowel cancer with a composition of X and Y. Dr Fern Mason has worked at PharmCo for 3 years while completing her PhD on cancer treatments and she has recently joined Adolphus Medical as a senior researcher continuing her work on cancer treatment with a focus on bowel cancer. She has always kept a copy of all the notes, methods, know-how and results of her work completed at PharmCo during her PhD, including those relating to treatment of cancer with the composition of X and Y. The research publication released by Adolphus Medical not only describes the method of treating bowel cancer but also integrates some trade secrets developed by PharmCo over the past 20 years. 
 

PharmCo seeks your advice about steps it could take to stop the actions of Adolphus Medical. While PharmCo is prepared to commence litigation if this is necessary, PharmCo makes it clear that they do not want to sue any hospital, hospital employee, pharmacist or doctor found to have bought the ingredients, mixed or used the composition. 
 

Your instructions are to provide advice on the following causes of action against Adolphus Medical and Dr Fern Mason. Your advice should explain the applicable law, set out arguments which may be available on both sides and form an assessment of the likelihood of success. 
 

Question 3 : Infringement of the PharmCo patent. 
 

Question 4 : Breach of confidentiality. 

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