An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal as of 10 May 2013.
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In the past week, the following intellectual property cases were commenced in the week ending 10 May 2013:
| File No. | Applicant(s) | Respondent(s) | Type | Details |
| NSD763/2013 | Apotex Pty Limited | Northwestern University & Pfizer Inc. | Patents | Originating Application filed 8 May 2013 |
| QUD232/2013 | Cnc Auto Pty Ltd as Trustee For The Odendaal Family Trust Number 1 | Asset Plant & Machinery Pty Ltd | TBA | Originating Application filed 10 May 2013 |
| SYG934/2013 | Mr Bee (Aust) as Trustee For The Mr Bee Trust; Black Bandit Pty Ltd as Trustee for the Square Circle Trust; 400 Large Pty Ltd as Trustee for the 400 Large Trust together trading as ‘Summernats Partnership’ & Anor v | CMC Management Pty Ltd trading as The Capital Men’s Club | Copyright | Originating Application filed 3 May 2013 |
| SYG1000/2013 | Photographic Performance Company Of Australia | TBA | TBA | Originating Application filed 9 May 2013 |
In the past week, the following case developments occurred:
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1124/2009 | Generic Health Pty Ltd | Wyeth | Patents | Administrative Listing: Order that further directions hearing be held on 11 June 2013 |
| NSD1243/2011 | Apple Inc. & Anor | Samsung Electronics Co. Limited & Anor | Patents | Part heard: Further hearings set for 11 March to 13 Dec 2013 |
| NSD308/2013 | Apple Inc. & Anor | Samsung Electronics Co. Limited & Anor | Patents | Part heard: Further hearings set through to 13 June 2013 |
| NSD310/2013 | Samsung Electronics Co. Limited & Anor | Commissioner Of Patents & Ors | Patents | Part heard: Further hearings set through to 17 May 2013 |
| NSD596/2009 | Alphapharm Pty Ltd | Wyeth | Patents | Administrative Listing: Order that further directions hearing be held on 11 June 2013 |
| NSD709/2012 | Samsung Electronics Co. Limited & Anor | Commissioner of Patents & Ors | Patents | Part heard: Further hearings set through to 17 May 2013 |
| NSD734/2013 | Reckitt Benckiser Healthcare UK Ltd | GlaxoSmithKline Australia Pty Ltd | Patents | Administrative listing: Order– Applicant’s application for interlocutory relief be set down for hearing on 27 May 2013. |
| QUD762/2012 | Accor Australia & New Zealand Hospitality Pty Ltd & Anor | Liv Pty Ltd & Ors | Trade marks | Consent Orders |
| SAD7/2013 | Emerald Grain Pty Ltd | Emerald (SA) Pty Ltd & ors | Trade marks | Directions: Order – matter be listed for hearing on 1 July 2013 at 10.15am with three days set aside. |
| SAD99/2012 | Lifeplan Australia Friendly Society Ltd & anor | Noel Woff & ors | Copyright | Directions: Order – directions hearing be adjourned to Tuesday 4 June 2013 |
| VID143/2009 | Wake Forest University Health Sciences & Anor | Smith & Nephew Pty Ltd | Patents | Administrative listing: Order: lawyers of parties obtain instructions relevant the finalisation of any unresolved issues in the proceedings & parties attend a telephone mention before the end of May 2013 |
| VID195/2009 | Sigma Pharmaceuticals (Australia) Pty Ltd | Wyeth | Patents | Administrative listing: Order – further directions on 11 June 2013 |
| VID873/2004 | ACOHS PTY LTD | UCORP PTY LTD & ANOR | Copyright | Adminstrative listing: Order: extension of time to orders made 11 April 2013 |
| NSD121/2012 | Otsuka Pharmaceutical Co., Ltd & Anor | Generic Health Pty Ltd | Patents | Administrative listing: Order – applicants file evidence in reply on infringement by 13 June 2013 and respondent file its evidence in reply by 13 June 2013 |
| NSD1774/2011 | Attachmate Corporation | Commonwealth of Australia | Copyright | Administrative listing: Order: discovery/submissions/response of documents relating to interlocutory application. |
| NSD227/2011 | Tigerturf International Ltd | Fieldturf Tarkett Inc | Patents | Administrative listing: Order: By 14 June 2013, parties exchange marked-up copies of the affidavits/declarations that indicate their objections to the declaratory and affidavit evidence etc. |
| NSD403/2013 | Adobe Systems Inc & Ors | GF Radio Pty Limited & Ors | Trade marks | Directions – pleadings and timetable: listing of the proceeding for hearing at 10.15 am on 28 May 2013 |
| NSD404/2013 | Adobe Systems Inc & Ors | Western Broadcasters Pty Ltd & Ors | Copyright | Directions: Order – extension of time to serve evidence. |
| NSD787/2012 | Airlaw Pty Limited | Australian Animal Care Systems Pty Limited & Ors | Patents | Directions: Order: Patent Attorney appointed by the applicant its OptiMICE system and OptiRAT system at Monash University |
| NSD96/2011 | Fieldturf Tarkett Inc | Tigerturf International Limited | Patents | Administrative listing: Order: By 14 June 2013, parties exchange marked-up copies of the affidavits/declarations that indicate their objections to the declaratory and affidavit evidence etc. |
| QUD139/2012 | Leica Geosystems Pty Ltd & Ors | Andrew Koudstaal & Anor | Copyright | Administrative listing: Order: timelines for evidence |
| VID1029/2012 | DSM Nutritional Products, LLC | Suntory Holdings Limited | Patents | Administrative listing: Order: DSM Nutritional Products discovery application refused. Directions hearing is adjourned to 10.15 am on 7 October 2013 |
| VID417/2012 | F & T Spagnolo Pty Ltd | Trevor Ledgard Pty Ltd & Ors | Patents | Administrative listing: Order: a case management conference to be conducted by Registrar Luxton at 11.00am on 24 May 2013 |
| WAD105/2013 | Sovereign Hydroseal Pty Ltd & Ors | H2O Control Systems Pty Ltd & Ors | Patents | Directions Orders:3rd Respondent, permanently restrained, from infringing claims 1 and 2 of the AU Patent 739427 + copyright works.
3rd Respondent deliver up for destruction infringing copyright works 3rd Respondent, permanently restrained from any further use of the First Applicant’s Confidential Information Proceeding against the Third Respondent be otherwise discontinued with no order as to costs. |
| WAD17/2013 | Schutz GMBH & Co KGAA & Anor | VIP Plastic Packaging Pty Ltd & Ors | Trade marks | Publication of Reasons: Order: The proceeding no longer be conducted in accordance with the fast track list directions but continue on pleadings.Further directions listed on Monday 29 April 2013 |
| ACD52/2011 | UGL Services Pty Ltd | F1 Solutions Pty Ltd | Copyright | Administrative listing: Order: be granted leave to issue subpoenas to Mr Probir Geoffrey Dutt and Mr Mark Anthony Bain to attend and give evidence at the hearing of the matter commencing 14 June 2013. |
| NSD1124/2012 | Enviro Pak Pty Ltd | New Horticulture Pty Ltd t/as Green Pack & Anor | Design | Administrative listing: Interlocutory: Order: respondents are to file and serve any interlocutory application for a stay and any supporting evidence in relation to such an application by no later than 4:30 pm on 22 May 2013 |
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patents | Administrative listing: Order: Evidence in reply be extended to 17 May 2013. |
| NSD1981/2012 | Bayer Pharma Aktiengesellschaft & Anor | Spirit Pharmaceuticals Pty Ltd & Ors | Patents | Order:Adjourned – Final Hearing Concluded, Awaiting Submissions |
| NSD236/2012 | Bayer Pharma Aktiengesellschaft & Anor | Generic Health Pty Ltd & Anor | Patents | Order: Adjourned – Final Hearing Concluded, Awaiting Submissions |
| VID1008/2011 | Ranbaxy Laboratories Limited & Anor | AstraZeneca AB & Anor | Patents | Order: each Applicant/Cross-Respondent, be permanently restrained from infringing claims 1 to 3 and 18 to 27 of the Patent. Certificate of validity of patent issued. |
| VID876/2010 | The Coca-Cola Company | Pepsico Inc & Ors | Trade marks | Administrative listing: Order: The proceeding be referred to a case management conference to be conducted on 14 May 2013 |
| NSD1660/2012 | Pure Technologies Ltd & Aqua Environmental Pty Ltd | Detection Services Pty Limited & Ors | Trade marks | Administrative listing: Order: By mid July, prospective Applicants commence proceedings in this Court for final relief relating to or arising from any of the subject matter of this preliminary discovery application dated 26 October 2012 |
| NSD2082/2011 | Australian Mud Company Pty Ltd & Anor | Coretell Pty Ltd & Ors | Patents | Administrative listing: Order: By 16 May – respondents file written submissions which the documents or paragraphs in affidavits in relation to which a confidentiality or suppression order is sought by any of the respondents, and why. |
| VID332/2013 | Shane Robert Miles | Commissioner of Patents | Patents | Administrative listing: Order: evidence deadlines and matter is listed for hearing on 24 September 2013.Patent in suit |
| VID784/2012 | Fairlight.Au Pty Ltd | Peter Vogel Instruments Pty Ltd & Anor | Trade marks | Administrative listing: Order on deadlines. |
| NSD2194/2012 | Bayer Pharma Aktiengesellschaft & Another | Apotex Pty Ltd | Patents | Order:Respondent restrained from infringing claims 3 and 11 of AU patent 780330
|
| NSD622/2012 | Eli Lilly and Company & Anor | Apotex Pty Ltd | Patents | Order: applicants file and serve any application for an interlocutory injunction seeking relief in respect of any alleged infringement of Australian Patent Number 723797 on or before 17 May 2013 |
| SAD75/2013 | Rivergum Homes Pty Ltd | Coast to Coast Homes Pty Ltd & Others | Copyright | First directions hearing held on 10 May 2013 |
In the past week, the following cases were finalised:
| File No. | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD1766/2010 | Cnip Pty Ltd & Anor | Chan & Naylor Norwest Pty Ltd & Anor | Trade marks | Finalised – Discontinued/Withdrawn |
| VID1123/2012 | MI Overseas Pty Ltd | Costco Wholesale Australia Pty Ltd | Trade marks | Final Orders: The proceeding be dismissed. |
| NSD2504/2007 | Tamawood Limited | Habitare Developments Pty Ltd | Copyright | Judgment handed down on 7 May 2013. Judgment |
| VID411/2012 | Fun City Pty Ltd & Anor | Margaret Anne Trewin & Ors | Trade marks | Order: Finalised- dismissed by consent. |