An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the period of 30 June to 11 July 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 |
| NSD663/2014 | Troy Clancy | Jennybay Pty Ltd | Copyright | First Directions set for 31 July 2014 |
| BRG617/2014 | Heather Nyseen & Denise Lawrence T/A Trim N Healthy | Slim N Healthy Pty Ltd & Anor | Trade marks | First Court Date set for 11 August 2014 |
| VID388/2014 | Kangan Institute | TAT (Security/Taxi Training) Pty Ltd & Anor | Copyright | Scheduling Conference set for 22 August 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1564/2013 | Facton Ltd & Ors | Jia Zhi (John) Xu & Ors | Trade marks | 2 July 2014 Part Heard Adjourned – Judgement Reserved |
| NSD17/2014 | Sealed Air Corporation | Kureha Corporation | Patents | 30 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 22 July 2014 |
| NSD2501/2013 | Ainsworth Game Technology Limited | Aristocrat Technologies Australia Pty Ltd | Patents | 30 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 12 August 2014 |
| SYG780/2014 | Bob Rozinski & Anor | Brett Craig Jenkin | Copyright | 1 July 2014 First Court Date Adjourned – Pre-Hearing
View orders here First Court Date set for 29 July 2014 |
| VID784/2012 | Fairlight.Au Pty Ltd | Peter Vogel Instruments Pty Ltd & Anor | Trade marks | 1 July 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 14 July 2014 |
| VID853/2013 | Streetworx Pty Ltd | Artcraft Urban Group Pty Ltd & Anor | Patents | 1 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 18 August 2014 |
| NSD2082/2011 | Australian Mud Company Pty Ltd & Anor | Coretell Pty Ltd & Ors | Patents | 2 July 2014 Interlocutory Hearing Adjourned – Part Heard
View orders here View judgement here Part Heard set for 14 July 2014 |
| NSD344/2014 | Geneva Laboratories Limited | Prestige Premium Deals Pty Ltd & Ors | Trade marks | 9 July 2014 Directions and Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Directions set for 6 August 2014 |
| SYG265/2014 | George Jaksic T/A Geographics Group | Jascom International Pty Limited & Ors | Copyright | 2 July 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 2 December 2014 |
| VID317/2014 | Apotex Ptd | Otsuka Pharmaceutical Co., Ltd | Patents | 2 July 2014 Administrative Listing Adjourned – Awaiting Appeal Decision
View orders here |
| MLG1088/2014 | Gold Brands Pty Ltd | Dermaspa Pty Ltd | Trade marks | 3 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD517/2014 | Sitecore Corporation A/S | salesforce.com, inc | Appeal | 3 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 12 August 2014 |
| SYG1012/2014 | Phonographic Performance Co Of Australia Ltd & Ors | Jason Adrian Ayoubi | Copyright | 3 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| VID235/2014 | Damorgold Pty Ltd & Anor | J A I Products Pty Ltd | Appeal | 4 July 2014 Directions Adjourned – For Hearing
View orders here Callover set for 29 July 2014 |
| SYG3214/2013 | Societe des Produits Nestle SA & Anor | James William Christian & Anor | Trade marks | 4 July 2014 Hearing of Interlocutory Application Adjourned – Judgement Reserved
View orders here |
| VID154/2014 | Placitum Pty Ltd & Anor | Paul Andreotta | Trade marks | 4 July 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here View judgement here |
| VID259/2013 | Sandvik Intellectual Property AB & Anor | Quarry Mining & Construction Equipment Pty Ltd | Patents | 4 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 10 October 2014 |
| NSD983/2013 | Universal Solar and Surface Science Pty Ltd & Anor | Hills Holdings Ltd | Patents | 7 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Return of Subpoena set for 14 August 2014 |
| VID88/2014 | Seafolly Pty Limited | Cotton On Clothing Pty Ltd | Copyright | 7 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 17 October 2014 |
| NSD162/2014 | Unilever Australia Limited & Anor | The Proctor & Gamble Company | Trade marks | 8 July 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 12 August 2014 |
| NSD580/2014 | ExxonMobil Research and Engineering Company | Shell Internationale Research Maatschappij B.V. | Patents | 8 July 2014 First Directions Adjourned – Pre-Hearing
View orders here Directions set for 31 March 2015 |
| NSD763/2013 | Apotex Pty Limited | Warner-Lambert Company LLC | Patents | 8 July 2014 Administrative Adjourned – Pre-Hearing
View orders here Directions set for 5 August 2014 |
| NSD1386/2012 | Esco Corporation & Anor | Bradken Resources Pty Limited & Anor | Patents | 11 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 18 June 2015 |
| SYG1420/2014 | Microsoft Corporation & Ors | Tae Yong Kim T/A Minet Communications & Technologies | Copyright | 9 July 2014 First Court Date Adjourned – Pre-Hearing
View orders here Directions set for 23 July 2014 |
| VID231/2014 | AstraZeneca AB & Anor | Medis Pharma Pty Ltd | Patents | 9 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| VID248/2014 | Andrew Morton Garrett | Make Wine Pty Ltd & Ors | Trade marks | 9 July 2014 Case Management Conference Adjourned – Part-Heard
View orders here Interlocutory Hearing set for 5 August 2014 |
| VID41/2014 | Truong Giang Corporation | Tung Mau Quach (also known as “John Guach”) | Trade marks | 9 July 2014 Return of Subpoena Adjourned – Pre-Hearing
View orders here Return of Subpoena set of 30 July 2014 |
| BRG284/2014 | Courier Pete Pty Ltd | Metroll Queensland Pty Ltd & Ors | Design | 10 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Mention set for 28 August 2014 |
| NSD461/2014 | Sports Data Pty Ltd | Prozone Sports Australia Pty Ltd | Copyright | 10 July 2014 Directions Adjourned – Part-Heard
View orders here Directions set for 21 July 2014 |
| NSD48/2013 | Gilead Sciences Pty Limited | Idenix (Cayman) Ltd & Ors | Patents | 10 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions and Interlocutory Hearing set for 23 October 2014 |
| NSD686/2014 | Epoch Capital Pty Ltd & Ors | Coventry Management Pty Ltd as Trustee for Conventry Investment Trust & Anor | Copyright | 10 July 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Directions and Interlocutory Hearing set for 18 July 2014 |
| QUD223/2014 | Tamawood Limited | Habitare Developments Pty Ltd & Ors | Appeal | 11 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| QUD240/2014 | Shane Andrew O’Mara | Tamawood Limited & Ors | Appeal | 11 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD2107/2013 | Halal Certification Authority Pty Limited | Quality Kebabs Wholesalers Pty Limited & Ors | Trade marks | 11 July 2014 Interlocutory Hearing Adjourned – Final Hearing Concluded, Awaiting Submissions
View orders here |
| VID276/2007 | Telstra Corporation Limited & Anor | Phone Directories Company Pty Ltd & Ors | Trade marks | 11 July 2014 Administrative Listing Adjourned – Final Hearing Concluded, Awaiting Submissions
View judgement here |
| WAD74/2014 | Australian Mud Company Pty Ltd | Coretell Pty Ltd & Ors | Patents | 11 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD681/2009 | Optiver Australia Pty Ltd & Anor | Tibra Trading Pty Ltd & Ors | Copyright | 30 June 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| QUD168/2013 | Kinnect Holdings Pty Ltd & Anor | Independent Practitioners Network Pty Ltd & Anor | Infringement | 1 July 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| NSD226/2014 | Surgibit IP Holdings Pty Ltd & Anor | Liam Ellis & Ors | Patents | 4 July 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| VID488/2012 | Seafolly Pty Limited | Fewstone Pty Ltd | Copyright | 7 July 2014 Administrative Listing Finalised – Discontinued/ Withdrawn
View orders here |
| QUD85/2014 | Sustainable Agriculture & Food Enterprises Pty Ltd | Radio Systems Corporation | Trade marks | 10 July 2014 Administrative Listing Finalised – Discontinued/ Withdrawn
View orders here |
| VID318/2012 | Sarb Management Group Pty Ltd T/A Database Consultants Australia | Vehicle Monitoring Systems Pty Limited | Patents | 10 July 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| WAD18/2014 | Austming Trade Pty Ltd | Mindsinsync, Inc. | Patents | 10 July 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
