Searching Content indexed under Litigation, Mediation & Arbitration by Shelston IP ordered by Published Date Descending.
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Bayer awarded indemnity costs against Generic Health in Yasmin patent litigation
This indemnity costs order for Bayer was made because of Generic Health's failure to accept Bayer's offer to compromise.
11 May 2017
Excesses of innovation patent damages pulled back
The Full Federal Court has now determined that infringement cannot occur until the grant of the innovation patent.
26 Apr 2017
User pays but who gets paid? The vexed question of damages for copyright infringement
These cases show the importance of structuring IP ownership at the outset, and considering future infringement claims.
19 Jan 2017
AusPat ... the electrodes have been applied and the sparks are flying
IP Australia’s full text searching shocked from the beta phase to go live.
12 Jun 2011
The Computer Implemented Inventions and Business Method Patents in Australia: 2011 Update
There has recently been a marked shift in the attitude of the Australian Patent Office in relation to the patentability of computer implemented inventions and business methods.
5 Apr 2011
ACIP Report on Patentable Subject Matter issued 16 February 2011
Following the 2004 Australian Law Reform Commission (ALRC) report on gene patenting and human health in which it was reported that the key concept of patentable subject matter in Australia was ambiguous and obscure, the Minister for Innovation, Industry, Science and Research asked the Advisory Council on Intellectual Property (ACIP) to conduct a review into the appropriateness and adequacy of the manner of manufacture test.
27 Feb 2011
Liberalisation of Single-Colour Trade Marks
Australian courts have recently considered the registrability of single-colour trade marks.
1 Feb 2011
Patent Myth Busting
There are quite a few common misconceptions regarding patenting. Here, we address a selection of myths which are observed on an all-too-regular basis, and provide some tips on how to better work with the system.
17 Nov 2010
Myriad Genetics Ruling - Human Gene Patents Invalidated in US District Court
Myriad Genetics patents on two genes linked to breast and ovarian cancer (BRCA1 and BRCA2,) have been struck down in a US District Court ruling – Judge Sweet stating that the patents "are directed to a law of nature and were therefore improperly granted" (Association for Molecular Biology et. al. Vs United States Patent and Trademark Office et. al.; "the Myriad decision"). This is a pivotal case for those operating in the biotech space and will shape the future of gene patenting and the developi
4 Nov 2010
IP Australia Tightens Rules for Divisional Applications
IP Australia, in line with reviews in other jurisdictions, is seeking to address concerns around certainty of patent rights arising from the filing of divisional applications, particularly where divisional applications are filed with identical or substantially identical claims to those originally filed in the parent application(s).
2 Nov 2010
Fallout From The Bilski Decision: The Patentability of Diagnostic Methods In The United States
We have recently reported on the long-awaited decision of the United States Supreme Court in Bilski, which amongst other things, upheld the "machine or transformation" test as an "important tool" in determining patentable subject matter
9 Sep 2010
Star Struck Down By Full Federal Court
In Starr Partners Pty Limited v Dev Prem Pty Ltd [2007] FCAFC 42 the Full Court of the Federal Court has reversed the primary Judge’s order dismissing an allegation of trade mark infringement.
13 Jul 2007
Generics Emboldened In Australia
Developments in Australian law and practice over the last year have been keenly followed by innovator pharmaceutical/biotechnology companies and generic drug manufacturers alike. Below we review a selection of the relevant cases and changes to Australian patent law.
9 Jul 2007
Are Type Fonts Registrable Designs?
The Australian Designs Office (ADO) has refused registration of 24 design applications filed by Microsoft Corporation (Microsoft) in respect of type fonts because a type font is not a registrable design under the old Australian Designs Act 1906 (the 1906 Act). Whilst decided under the now repealed 1906 Act, this decision may have application to the new Designs Act 2003 (the 2003 Act).
9 Jul 2007
Unjustified Threat Of Infringement
A recent decision by the Federal Court has served as a timely reminder to stakeholders to be wary when making any threat of infringement, awarding the respondent in World of Technologies Pty Ltd v Tempo damages to the value $213,059.96 for lost profits due to an unjustified threat of design infringement.
29 Jun 2007
New Zealand - New Practice Guidelines For Claims Directed To Methods Of Medical Treatment Of Humans & Swiss-Style Claims
The Intellectual Property Office of New Zealand (IPONZ) has recently issued amended guidelines for the examination of claims directed toward both methods of medical treatment of humans and second medical use claims.
New Zealand
25 Jan 2007
The Importance Of "Ascertained" In Obviousness
The Full Federal Court (FFC) has dismissed an appeal by the Australian Patent Office (APO) against a Federal Court decision that US patents revealed in a novelty search did not satisfy the "ascertain" requirement for inventive step, and so could not be used to invalidate an Australian patent for obviousness.
23 Jan 2007
Specification Key To Unlocking Prior Art Admissions
The Full Court of the Federal Court has dismissed an appeal by Lockwood Security Products Pty Ltd (Lockwood) and has held that several claims in Lockwood’s Australian Patent No. 702534 (the Patent) were invalid for being obvious. In addition, the Full Court also held that Doric Products Pty Ltd (Doric) did not infringe those claims that covered the preferred embodiment of the invention described in the Patent.
20 Sep 2006
New Bill To Amend Australian IP Laws
The Australian Parliament has recently introduced the Intellectual Property Laws Amendments Bill 2006 to amend and revise Australian IP laws. The major changes are in the areas of patents and trade marks.
20 Sep 2006
Lord Of Your Domain?
In these booming Internet days, domain names are becoming increasingly important. Recent domain name auctions have seen bids in the hundreds of thousands of dollars for key generic domains. A current domain name dispute provides an important lesson for all domain name holders about ensuring that they retain what they have paid for.
20 Sep 2006
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