Intellectual Property Litigation Round-Up – 20 June 2014

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 20 June 2014.

We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation.  Contact us here for more information on how we may be able to assist you.

Please note that the information in the tables below is correct as at the date of the posting but is subject to change.  Please check the Commonwealth Courts portal for the current status of any of the cases below.

 

Intellectual Property Cases Commenced

File No. Applicant(s) Respondent(s) Type Details
VID341/2014 Crown Coaches Pty Ltd Pharaohs Services Pty Ltd & Michaels H TBA TBA
WAD161/2014 Steripure Pty Ltd RDA Dental Supplies Pty Ltd “(Fast Track)” Trade marks Scheduling Conference set for 14 August 2014

 

 Case Developments

File No. Applicant(s) Respondent(s) Type Development
NSD226/2014 Surgibit IP Holdings Pty Ltd & Anor Liam Ellis & Ors Patents 16 June 2014 Directions Adjourned – Pre-Hearing

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Directions set for 17 July 2014

NSD2438/2013 Brand Developers Ltd Teamworx Australia Pty Ltd & Ors Trade marks 16 June 2014 Directions Adjourned – Pre-Hearing

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Directions set for 16 October 2014

NSD251/2014 Warner-Lambert Company LLC & Ors Generic Partners Pty Ltd Patents 16 June 2014 Directions Adjourned – Pre-Hearing

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Directions set for 27 June 2014

NSD763/2013 Apotex Pty Limited Warner-Lambert Company LLC Patents 16 June 2014 Directions Adjourned – Pre-Hearing

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Directions set for 27 June 2014

NSD2436/2013 Voxson Pty Limited Telstra Corporation Limited & Ors Patents 17 June 2014 Administrative Listing Adjourned – Pre-Hearing

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First Directions set for 29 July 2014

NSD2556/2013 Voxson Pty Ltd Telstra Corporation Ltd & Ors Patents 18 June 2014 First Directions

First Directions set for 29 July 2014

NSD48/2013 Gilead Sciences Pty Limited Idenix (Cayman) Ltd & Ors Patents 17 June 2014 Directions Adjourned – Pre-Hearing

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Directions and Interlocutory Hearing set for 23 October 2014

NSD514/2014 Cementech Pty Ltd Austral Masonry (NSW) Pty Ltd & Anor Infringement 17 June 2014 First Directions Adjourned – Pre-Hearing

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SYG3191/2013 Ian Blair Hamilton Registrar of Trade Marks & Anor Trade marks 17 June 2014 Directions Adjourned – For Hearing

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Hearing set for 16 October 2014

VID231/2014 AstraZeneca AB & Anor Medis Pharma Pty Ltd Patents 17 June 2014 Administrative Listing Adjourned – Pre-Hearing

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VID317/2013 Blue Gentian LLC Product Management Group Pty Ltd Patents 17 June 2014 Administrative Listing Adjourned – Pre-Hearing

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Interlocutory Hearing set for 1 August 2014

NSD2373/2013 Board & Batten International Inc & Anor Vuly Trampolines Pty Limited Patents 18 June 2014 Administrative Listing Adjourned – Pre-Hearing

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NSD344/2014 Geneva Laboratories Limited Prestige Premium Deals Pty Ltd & Ors Trade marks 18 June 2014 Return of Subpoena Adjourned – Pre-Hearing

Return of Subpoena set for 25 June 2014

NSD517/2014 Sitecore Corporation A/S salesforce.com, inc Appeal 18 June 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions set for 7 July 2014

NSD537/2013 Aristocrat Technologies Australia Pty Ltd Ainsworth Game Technology Limited Patents 18 June 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions set for 9 December 2014

VID252/2014 Burberry Limited & Anor Mynetsale Pty Ltd & Ors Infringement 18 June 2014 Scheduling Conference Adjourned – For Hearing

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VID853/2013 Streetworx Pty Ltd Artcraft Urban Group Pty Ltd & Anor Patents 18 June 2014 Administrative Listing Adjourned – Pre-Hearing

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Return of Subpoena set for 2 July 2014

NSD981/2013 Sarb Management Group Pty Ltd (T/A Database Consultants Australia) Vehicle Monitoring Systems Pty Ltd Appeals 18 June 2014 Administrative Listing Adjourned – Part Heard

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NSD1771/2013 Board & Batten International Inc & Ors Vuly Pty Limited & Ors Patents 19 June 2014 Directions
MLG967/2014 Van Phu Le Dang Khan Copyright 20 June 2014 Directions Adjourned – Pre-Hearing

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NSD1335/2012 Make-Up Art Cosmetics Inc. & Ors Brandpoint Pty Ltd Trade marks 20 June 2014 Directions
NSD1639/2007 Apotex Pty Ltd Sanofi-Aventis Patents 20 June 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions set for 24 October 2014

NSD19/2012 Apotex Pty Limited F. Hoffman-La Roche AG Patents 20 June 2014 Administrative Listing Adjourned – Pre-Hearing

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Hearing set for 1 December 2014

NSD227/2011 Tigerturf International Ltd Fieldturf Tarkett Inc Patents 20 June 2014 Judgement
NSD550/2014 Abbott Australasia Pty Ltd Alphapharm Pty Ltd & Anor Patents 20 June 2014 Directions Adjourned – Pre-Hearing

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Directions set for 12 December 2014

VID1029/2012 DSM Nutritional Products, LLC Suntory Holdings Limited Patents 20 June 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions and Interlocutory Hearing set for 18 July 2014

 

 Finalised Cases

File No Applicant(s) Respondent(s) Type Outcome
NSD103/2014 Austral Masonry (NSW) Pty Ltd Cementech Pty Limited & Anor Appeals 17 June 2014 Judgement Finalised – Dismissed

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SYG779/2014 Bob Rozinski & Anor Travelations Pty Ltd & Ors Copyright 17 June 2014 Administrative Listing Finalised – Discontinued
MLG599/2014 Jennifer Keck T/A Photojennik Real Estate Photography Matavier Pty Ltd T/A Barry Plant Real Estate Pakenham Copyright 18 June 2014 Administrative Listing Finalised – Dismissed

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NSD2567/2013 The Search Party Pty Ltd Tempurer Pty Ltd Trade marks 18 June 2014 Administrative Listing Finalised – Dismissed By Consent

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NSD1006/2013 Apotex Pty Ltd Bayer Pharma Aktiengesellsch ft & Anor Appeals 19 June 2014 Judgement Finalised – Dismissed

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NSD833/2013 Generic Health Pty Ltd & Anor Bayer Pharma Aktiengesellschaft & Anor Appeals 19 June 2014 Judgement Finalised – Dismissed

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NSD921/2013 Apotex Pty Ltd Bayer Pharma Aktiengesellsch ft & Anor   19 June 2014 Judgement Finalised – Dismissed

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NSD984/2013 Generic Health Pty Ltd & Anor Bayer Pharma Aktiengesellschaft & Anor Appeals 19 June 2014 Judgement Finalised – Dismissed

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NSD936/2012 Merck Sharp & Dohme Corp & Anor Apotex Pty Ltd Not Defined 19 June 2014 Administrative Listing Finalised – Dismissed By Consent

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VID418/2011 Bob Jane Corporation Pty Ltd Webtyre.net Pty Ltd & Ors Trade marks 19 June 2014 Judgement Finalised – Granted/ Allowed

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NSD233/2014 Malt Shovel Brewery Pty Limited & Anor James Squire Pty Ltd & Anor Infringement 20 June 2014 Administrative Listing Finalised – Dismissed By Consent
NSD96/2011 Fieldturf Tarkett Inc Tigerturf International Limited Patents 20 June 2014 Judgement Finalised – Granted/ Allowed

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NSD2040/2013 Lift Shop Pty Ltd Easy Living Home Elevators Pty Ltd Appeals 20 June 2014 Judgement Finalised – Dismissed

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BCSE(Hons) MIP FIPTA

Mark’s academic background is in computer science and electrical engineering. He assists clients in obtaining and enforcing their intellectual property rights in the areas of software, electronics and engineering. Prior to joining Phillips Ormonde Fitzpatrick, Mark worked for a leading automotive manufacturer.