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Searching Content indexed under Patent by Clayton Utz ordered by Published Date Descending.
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1
Toner low! Intellectual property and patented recycled printer cartridges
A technical analysis should assess the extent to which the modifications alter the patented elements of the cartridge.
Australia
19 Feb 2018
2
Innovation patents - the beginning of the end
The phase-out of Australia's innovation patents system is gradual, and innovation patents will be in force until 2027.
Australia
2 Feb 2018
3
Rights holders rearmed with preliminary discovery powers by Full Federal Court
A prospective applicant for preliminary discovery need only prove that he believes that he MAY have a right to relief.
Australia
23 Dec 2017
4
Federal Government responds to Productivity Commission Inquiry into Intellectual Property Arrangements
While broadly supportive, the Australian Government will proceed cautiously with implementation of the recommendations.
Australia
4 Sep 2017
5
An offer not to be refused: the cost(s) of unreasonable rejection of an offer of compromise
A justifiable and clear explanation must be given to the offeror as to the reasons why the offer is to be rejected.
Australia
14 May 2017
6
More than just semantics - Full Court clarifies when damages can be recovered for unjustified threats of patent infringement
The terms of the section limit recoverable damage to damages sustained "as a result of the threats" of infringement.
Australia
31 Mar 2017
7
Landmark damages decision sets new benchmark for patent infringement claims against generic companies
It was unusual that Bayer elected to seek damages for patent infringement, rather than an account of profits.
Australia
23 Mar 2017
8
Application to list on PBS does not constitute patent infringement per se
Lodging an application for listing on the Pharmaceutical Benefits Scheme does not constitute exploitation of a patent.
Australia
16 Mar 2017
9
Punitive damages for design infringement in burqini™ swimwear battle but no ordinary damages
Before manufacture and sale of any new products, a trader should complete intellectual property or internet searches.
Australia
20 Feb 2017
10
Carving out the principles: a comparative review of the Australia and UK Lyrica cases
The differences seem to be from matters of expert evidence more than major variations in application of legal principle.
Australia
24 Nov 2016
11
Showing your hand: don't let patent co-inventorship arise by accident
Parties should put arrangements in place to clarify if a person is intended to be purely a consultant or a co-inventor.
Australia
7 Nov 2016
12
Revisiting exclusivity: Is your patent licence up to scratch?
The Full Court has now given further guidance as to what will constitute an effective exclusive licence of a patent.
Australia
15 Sep 2016
13
Commonwealth of Australia v Sanofi: The Full Federal Court decision: patent dispute
The Therapeutic Goods Act does not curtail any person's (or the Government's) right to recover on the usual undertakings.
Australia
14 Jun 2016
14
Injunctions and undertakings in pharma patent fights: the cost of doing business?
The question whether the Commonwealth is actually entitled to any compensation as to damages remains to be determined.
Australia
10 Jun 2016
15
Striking the right balance: Australia's intellectual property arrangements under review
The Issues Paper confirms that this is a wholesale review of the way in which IP is protected and enforced in Australia.
Australia
20 Oct 2015
16
High Court of Australia goes cold on patentability of isolated nucleic acid
Analysis of D'Arcy v Myriad Genetics Inc [2015] HCA 35.
Australia
 
18 Oct 2015
17
High Court upholds earlier decision that AstraZeneca's cholesterol-lowering patent is obvious
The High Court has unanimously dismissed AstraZeneca's appeal concerning its low-dose patent for the drug rosuvastatin.
Australia
8 Sep 2015
18
Injunctive relief and concurrent patent applications: do they overlap?
The legal principles concerning the grant or refusal of a patent are not co-extensive with those of breach of confidence.
Australia
1 Sep 2015
19
Australian Government announces intellectual property inquiry by the Productivity Commission
The Productivity Commission will examine the balance between promoting competition and protecting intellectual property.
Australia
25 Aug 2015
20
The agony of anticipation: When will a prior disclosure mean a patent is invalid?
The Full Federal Court has now clarified when a disclosure in a prior document will make a subsequent patent invalid.
Australia
9 Mar 2015
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