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Legal briefings
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What's in a name? Eli Lilly's olanzapine patent deemed valid on all grounds
16 May 2013 |
The Federal Court has upheld the validity of Eli Lilly’s Australian patent covering anti-psychotic drug olanzapine in a … -
New Zealand: use of trademarks as keywords found not to infringe
13 May 2013 |
In considering a request for an interlocutory injunction, the High Court of New Zealand found that use of the … -
NZ Patents Bill: How will it affect software patents in NZ?
13 May 2013 |
In a Supplementary Order Paper (SOP No. 237) released on 9 May 2013, proposed amendments to the New Zealand Patents Bill have … -
Trade mark and copyright owners benefit under new Australian Customs seizure procedures
08 May 2013 |
On 15 April 2013, some important (and positive) changes came into force regarding the Australian Customs seizure provisions … -
Significant policy change to Google's trademark adwords in Australia
22 Apr 2013 |
From 23 April 2013, Google’s Trademark Adwords policy will be updated so that Google will no longer restrict … -
Patent validity: Federal Court emphasises importance of section 7(3) for prior art documents
19 Apr 2013 |
Delnorth Pty Ltd v Commissioner of Patents [2013] FCA 165 (6 March 2013) This decision concerns an appeal to the Federal … -
Federal Magistrates Court changes name to Federal Circuit Court
15 Apr 2013 |
On 12 April 2013, the Federal Magistrates Court of Australia changed its name to the Federal Circuit Court of Australia. The … -
DCC wins 2013 Legal Award for 'Trademarks Law Firm of the Year'
10 Apr 2013 |
Davies Collison cave is very pleased to have been announced as the Corporate Intl Magazine Legal Awards 'Trademarks Law … -
Federal Court: Snack Foods' interlocutory injunction application unsuccessful in trade mark infringement case
10 Apr 2013 |
On 23 November 2012, Justice Foster of the Federal Court dismissed an application for injunctive relief by Snack Foods … -
Making IP Rights work for your business
10 Apr 2013 |
As is reasonably well known now, intellectual property (IP) rights can represent powerful business tools that can be used to … -
Draft Pharmaceutical Patents Review Report released - bad news for research based pharmaceutical industry
09 Apr 2013 |
On 2 April 2013 the Pharmaceutical Patents Review Panel released its draft report for public comment. While the findings and … -
High Court refuses special leave application by SNF; Ciba innovation patents stand
27 Mar 2013 |
In an earlier briefing, we reported that SNF had filed a special leave application in the High Court of Australia in a … -
Addressing inventive step objections raised by the Australian Patent Office
22 Mar 2013 |
Successfully overcoming an inventive step objection raised by an Examiner at the Australian Patent Office has historically … -
Induced infringement in the United States expanded to include divided infringement
21 Mar 2013 |
In September 2012, the full bench of the United States Court of Appeals for the Federal Circuit handed down a decision that … -
Grace period in patent law
18 Mar 2013 |
“When the facts change, I change my mind. What do you do, sir?” said John Maynard Keynes to a colleague … -
Raising the Bar: what you need to know
18 Mar 2013 |
It is not long before commencement on 15 April 2013 of most provisions of The Intellectual Property Laws Amendment (Raising … -
March 2013 key dates in new gTLDs process
08 Mar 2013 |
We have previously reported on the 1930 new gTLD proposals which were submitted to ICANN in June 2012. Two important … -
Dynamite attempts to enforce a feel-good gaming patent against Aruze
06 Mar 2013 |
In the recent case of Dynamite Games v Aruze Gaming & Ors, Justice Emmett of the Federal Court of Australia considered … -
SNF asks High Court to review validity of Ciba innovation patents
04 Mar 2013 |
In Federal Court cases decided in 2011 and 2012, SNF (Australia) Pty Ltd sought to revoke five innovation patents owned by … -
Raising the Bar: final regulations released
04 Mar 2013 |
The Federal Government has released the explanatory statement and final draft version of the Regulations implementing the … -
Apple v Samsung patent litigation: Federal Court appoints two-judge panel
28 Feb 2013 |
On Monday 25 February 2013, Apple and Samsung returned to the Federal Court of Australia to resume their long-running patent … -
Raising the Bar on Australian Innovation
27 Feb 2013 |
In April this year, the most significant changes to Australian intellectual property (IP) laws in over 18 years will come … -
Is a method of treatment of the human body a patentable invention?
22 Feb 2013 |
In what will undoubtedly be an important decision for the medical and pharmaceutical industries, the High Court of Australia … -
Software patents in Australia: Court prefers Curves to Asset Index
18 Feb 2013 |
Software patents have been available in Australia for over 20 years since the Federal Court considered IBM's curve … -
Federal Court finds that isolated DNA is patentable subject matter in Australia
15 Feb 2013 |
In a much anticipated judgment, on 15 February 2013, the Federal Court of Australia has confirmed that isolated nucleic … -
Change of practice in Australia for pharmaceutical Trade Marks containing INN stems
15 Feb 2013 |
We have previously reported on our lobbying efforts regarding the practice of the Australian Trade Marks Office to object to … -
Lundbeck extension of time upheld in LEXAPRO extension of pharmaceutical patent term saga
12 Feb 2013 |
The Administrative Appeals Tribunal (AAT) has handed down the latest decision in the LEXAPRO saga, upholding an Australian … -
Lessons learned on website redirection and trade mark infringement
11 Feb 2013 |
In this ever evolving and highly competitive online environment, businesses are pulling out all the stops to get you to their … -
Reliance in patent litigation on experimental work referenced in specification
11 Feb 2013 |
The issue: use of the specification as proof of experimental work referred to in it. An important issue in the conduct of … -
Seafolly sues competitor over misleading and deceptive Facebook posts
08 Feb 2013 |
On 29 November 2012, the Federal Court held that comments posted by an individual on her personal Facebook page, and the page …
