An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 31 January 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 |
| WAD18/2014 | Austming Trade Pty Ltd | Mindsinsync, Inc. | Patents | Directions set for 21 February 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD2147/2011 | Versatile Homes Pty Ltd & Ors | RCMD Pty Ltd & Ors | Copyright | 31 January 2014 Return of Subpoena Adjourned – Part Heard
View orders here |
| QUD374/2013 | Peanut Company of Australia Limited | G Crumpton & Sons & Co Pty Ltd & Ors | Infringement | 28 January 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions and Interlocutory Hearing set for 10 April 2014 |
| VID1334/2013 | Monk Legal Pty Ltd & Anor | Pro-Vac Cleaning Systems Group Pty Ltd & Anor | Patents | 28 January 2014 First Directions Adjourned – Pre-Hearing
View orders here Directions set for 11 April 2014 |
| NSD51/2012 | Apotex Pty Ltd | Les Laboratoires Servier | Patents | 29 January 2014 Administrative Listing Adjourned – Final Hearing Concluded, Awaiting Submissions
View orders here Directions set for 27 February 2014 |
| VID1147/2013 | Spraying Systems Co & Anor | Spray Technologies Co (Dayangzhou) Pty Ltd | Copyright | 29 January 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Scheduling Conference set for 20 February 2014 |
| VID763/2013 | Facton Ltd & Ors | Redac International Pty Ltd & Ors | Trade marks | 29 January 2014 Return of Subpoena Adjourned – Pre-Hearing
View orders here Directions set for 7 February 2014 |
| NSD1771/2013 | Board & Batten International Inc & Ors | Vuly Pty Limited & Ors | Patents | 30 January 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 28 February 2014 |
| NSD1774/2011 | Attachmate Corporation | Commonwealth of Australia | Copyright | 30 January 2013 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 4 March 2014 |
| NSD2426/2013 | Eremad Pty Ltd | Sanofi | Trade marks | 30 January 2014 Administrative Hearing Adjourned – Pre-Hearing
View orders here First Directions set for 18 February 2014 |
| NSD315/2013 | Samsung Electronics Co Ltd & Anor | Apple Inc. & Anor | Patents | 31 January 2014 Administrative Listing Adjourned – Part Heard
View orders here 31 January 2014 Part Heard Adjourned – Part Heard View orders here Case Management Conference set for 28 February 201 |
| NSD681/2009 | Optiver Australia Pty Ltd & Anor | Tibra Trading Pty Ltd & Ors | Copyright | 30 January 2014 Administrative Listing Adjourned – For review of progress
View orders here Directions set for 15 July 2014 |
| VID1107/2013 | AstraZeneca AB & Anor | Alphapharm Pty Ltd | Patents | 30 January 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 19 February 2014 |
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patents | 31 January 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 11 March 2014 |
| NSD2595/2013 | Ausplow Pty Ltd | CDG Imports Pty Ltd t/as Direct Seeding and Harvesting Equipment | Patents | 31 January 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 17 March 2014 |
| NSD987/2012 | D & D Group Pty Ltd & Anor | Safetech Hardware Pty Ltd & Anor | Patents | 31 January 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 13 March 2014 |
| NSD2526/2013 | Bristol-Myers Squibb Company & Anor | Apotex Pty Ltd | Appeals | 29 January 2014 Mention
Callover set for 5 February 2014 |
| NSD2535/2013 | Apotex Pty Ltd | Bristol-Myers Squibb Company & Anor | Appeals | 29 January 2014 Mention
Callover set for 5 February 2014 |
Finalised Cases
| File No. | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD2267/2013 | Sportingbet Australia Pty Ltd | Tabcorp Holdings Limited | Trade marks | 28 January 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| VID387/2013 | Feggari Pty Ltd | Modelco Pty Ltd | Trade marks | 28 January 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| VID952/2013 | Mondelez Australia Pty Ltd & Ors | The Natural Cordial Company Pty Ltd & Ors | Trade marks | 28 January 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| NSD1968/2008 | Danisco A/S & Anor | Novozymes A/S & Anor | Patents | 30 January 2014 Administrative Listing Finalised – Granted/Allowed in Part – Other Orders Made |
| VID1374/2013 | Premium Floors Australia Pty Limited | G P Embelton & Comaany Proprietary Limited | Copyright | 30 January 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| SYG2845/2013 | Phonographic Performance Company of Australia Limited & Ors | Finicon Holdings Pty Ltd & Anor | Copyright | 31 January 2014 Administrative Listing Finalised Dismissed By Consent
View orders here |
| VID69/2013 | The Haven Foundation Limited | Loddon Mallee Housing Services Limited | Trade marks | 31 January 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |