An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 3 October 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 |
| VID566/2014 | Aktiebolaget SKF | Hardcom Pty Ltd | Infringement | First Directions set for 5 December 2014 |
| VID571/2014 | GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No. 2) Limited & Anor | Apotex Pty Ltd | Patents | Interlocutory Hearing set for 8 October 2014 |
| VID568/2014 | Scandinavian Tobacco Group Eersel BV & Anor | Trojan Trading Company Pty Ltd | Trade marks | Scheduling Conference set for 21 November 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1010/2013 | Vringo Infrastructure INC | ZTE (Australia) Pty Ltd | Infringement | 29 September 2014 Interlocutory Hearing Adjourned – Judgment Reserved |
| NSD558/2014 | Nichia Corporation | Arrow Electronics Australia Pty Ltd | Patents | 29 September 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 21 November 2014 |
| VID764/2010 | Seafolly Pty Ltd | Leah Madden | Copyright | 29 September 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD506/2013 | Konami Gaming Inc & Anor | Aristocrat Technologies Australia Pty Ltd | Patents | 30 September 2014 Directions |
| QUD114/2014 | Motorcycle Aftermarket Spares Pty Ltd | Tamworth Cycle Tune Pty Ltd | Copyright | 30 September 2014 Directions Adjourned – Pre-Hearing
Interlocutory Hearing set for 24 October 2014 |
| NSD2438/2013 | Brand Developers Ltd | Teamworx Australia Pty Ltd & Ors | Trade marks | 1 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 16 October 2014 |
| NSD2456/2013 | Orion Corporation & Ors | Actavis Pty Ltd & Anor | Patents | 1 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 17 October 2014 |
| NSD648/2014 | Cristal Metals Inc | Christopher John Carter | Appeal | 1 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 16 October 2014 |
| SAD268/2013 | Torbreck Vintners Pty Ltd | David Powell | Not Defined | 1 October 2014 Examination
Examination set for 29 January 2015 |
| VID344/2014 | Beba Enterprises Pty Ltd & Anor | Jimmy Yoo Fashion Pty Ltd & Ors | Copyright | 1 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 20 April 2015 |
| VID41/2014 | Truong Giang Corporation | Tung Mau Quach (also known as “John Guach”) & Ors | Trade marks | 1 October 2014 Directions Adjourned – Pre-Hearing
Directions set for 9 October 2014 |
| NSD940/2014 | James William Christian & Anor | Societe Des Products Nestle S.A. & Anor | Appeal | 2 October 2014 Directions and Interlocutory Hearing Adjourned – Pre-Hearing
View orders here |
| QUD462/2014 | Daryl Mark Morellini | Mizzi Family Holdings Pty Ltd & Anor | Appeal | 2 October 2014 Mention Adjourned – For Hearing
View orders here |
| QUD464/2014 | Mizzi Family Holdings Pty Ltd & Anor | Daryl Mark Morellini | Appeal | 2 October 2014 Mention Adjourned – For Hearing
View orders here |
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patents | 2 October 2014 Administrative Listing set Adjourned – Pre-Hearing
View orders here Directions set for 24 October 2014 |
| NSD19/2012 | Apotex Pty Limited | F. Hoffmann-La Roche AG | Patents | 2 October 2014 Directions Adjourned – Pre-Hearing
View orders here Hearing set for 24 November 2014 |
| VID447/2008 | SNF (Australia) Pty Ltd | Ciba Specialty Chemicals Water Treatment Limited & Ors | Patents | 2 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD51/2012 | Apotex Pty Ltd | Les Laboratoires Servier | Patents | 3 October 2014 Directions Adjourned – Final Hearing Concluded, Awaiting Submissions
View orders here Directions set for 13 October 2014 |
| NSD549/2014 | Qantas Airways Ltd | Luke Edwards | Trade marks | 3 October 2014 Directions |
| NSD721/2014 | Whites Group Pty Ltd | Trio Group Australia Pty Ltd & Ors | Design | 3 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 5 November 2014 |
| NSD959/2014 | Micropay Pty Ltd | Quest Payment Systems Pty Ltd | Trade marks | 3 October 2014 First Directions Adjourned – Pre-Hearing
View orders here Directions set for 5 December 2014 |
| QUD435/2014 | Discount Drugstores Pty Ltd | The Registrar of Trade Marks | Trade marks | 3 October 2014 Directions |
| VID270/2013 | Rodolfo Antonio Gomez | Colin Bruce Rawson & Ors | Patents | 3 October 2014 Directions and Mention Adjourned – Pre-Hearing
View orders here Directions and Mention set for 14 November 2014 |
| VID784/2012 | Fairlight.Au Pty Ltd | Peter Vogel Instruments Pty Ltd & Anor | Trade marks | 3 October 2014 Administrative Listing Adjourned – For Hearing
View orders here Hearing set for 1 December 2014 |
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome |
| QUD359/2014 | Whelan Kartaway Pty Ltd | Mark Andrew Tinkler | Trade marks | 29 September 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| NSD977/2013 | Fei Yu T/A Jewels 4 Pools & Ors | Beadcrete Pty Ltd & Ors | Appeal | 30 September 2014 Judgment Finalised – Dismissed
View orders here View judgment here |
| VID276/2007 | Telstra Corporation Limited & Anor | Phone Directories Company Pty Ltd & Ors | Trade marks | 30 September 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| NSD2107/2013 | Halal Certification Authority Pty Limited | Quality Kebabs Wholesalers Pty Limited & Ors | Trade marks | 1 October 2014 Judgment Finalised – Granted/ Allowed in Part – Other Orders Made
View orders here View judgment here |
| NSD1941/2012 | Raytheon Company | Lockheed Martin Corporation | Trade marks | 2 October 2014 Directions and Interlocutory Hearing Finalised – Dismissed By Consent
View orders here View judgment here |
