Australian IP Litigation Round-Up 12 July 2013

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal as of 12 July 2013.

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In the past week, the following intellectual property cases were commenced:

File No. Applicant(s) Respondent(s) Type Details
NSD1297/2013 Pure Technolgies Ltd & Anor Detection Services Pty Ltd & Ors Copyright First Directions set for 23 August 2013
WAD242/2013 Interactive Internet Services Pty Ltd CMS Software House Pty Ltd Copyright Directions set for 7 August 2013
MLG1053/2013 Ita Buttrose & Ita Buttrose Pty Ltd     Application filed by Applicant


In the past week, the following case developments occurred:

File No. Applicant(s) Respondent(s) Type Development
NSD491/2010 GE BetzDearborn Canada Company Memcor Australia Pty Ltd Patents Directions set for 23 August 2013
SAD75/2013 Rivergum Homes Pty Ltd Coast to Coast Homes Pty Ltd & Others Copyright Directions held, Directions set for 12 July 2013
NSD983/2013 Universal Solar and Surface Science & Anor Hills Holdings Ltd Patents First Directions set for 18 July 2013
WAD8/2011 Australian Mud Company Pty Ltd & Ors Coretell Pty Ltd & Anor Appeals and Related – Intellectual Property Directions set for 23 August 2013
VID411/2013 Future Entertainment Pty Ltd Cold Rock Management Pty Ltd & Anor Trade Marks Directions set for 30 August 2013
NSD721/2010 Spirit Pharmaceuticals Pty Ltd Mundipharma Pty Ltd Patents Directions held – Adjourned, Final Hearing concluded, Awaiting Submissions
NSD121/2012 Otsuka Pharmaceutical Co., Ltd & Anor Generic Health Pty Ltd Patents Interlocutory Hearing held, Directions set for 11 September 2013
WAD136/2009 Schutz Australia Pty Ltd & Ors VIP Plastic Packaging Pty Ltd Trade Marks Administrative Listing held, Hearing set for 21 October 2013
NSD734/2013 Reckitt Benckiser Healthcare UK Ltd GlaxoSmithKline Australia Pty Ltd Patents Directions held, Interlocutory Hearing set for 17 July 2013
VID468/2013 Cash’s (Australia) Pty Lt Foster’s Australia Limited (Now known as CUB Pty Ltd) Intellectual Property – Appeals and Related Interlocutory Hearing held
SAD139/2013 Mitsubishi Motors Australia Ltd Ripponlea Motors Pty Ltd Infringement Judgement made, Scheduling Conference set for 5 August 2013


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In the past week, the following cases were finalised:

File No. Applicant(s) Respondent(s) Type Outcome
SAD7/2013 Emerald Grain Pty Ltd Emerald (SA) Pty Ltd & ors Trade Marks Finalised – Dismissed by Consent
VID815/2012 Insight SRC IP Holdings Pty Ltd & Anor The Australian Council for Educational Research Limited Intellectual Property Finalised – Granted / Allowed.


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NSD1054/2010 Spirit Pharmaceuticals Pty Ltd Commissioner of Patents & Anor Judicial Review Directions held, Finalised – Dismissed.


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VID386/2013 DSM Nutritional Products, LLC Suntory Holdings Limited Intellectual Property – Appeals and Related Finalised – Dismissed