An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal as of 14 June 2013.
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In the past week, the following intellectual property cases were commenced in the week ending 14 June 2013:
| File No. | Applicant(s) | Respondent(s) | Type | Details |
| NSD1010/2013 | Vringo Infrastructure INC | ZTE (Australia) Pty Ltd | Infringement | First Directions set for 22 July 2013 |
| VID506/2013 | Astellas Pharma Inc | Sandoz Pty Ltd | Patents | Originating Application filed |
| NSD1025/2013 | Emperor Sports Pty Limited | Helmut Michael Fleig & Ors | Patents | Interlocutory Hearing set for 21 June 2013 |
| QUD324/2013 | Peanut Company of Australia Limited | Michael Bauer | Infringement | Directions set for 18 July 2013 |
| WAD179/2013 | Galvin Engineering Pty Ltd | General Electric Company | Notice of Appeal filed by Applicant | |
| SAD139/2013 | Mitsubishi Motors Australia Ltd | Ripponlea Motors Pty Ltd | Infringement | First Directions set for 18 June 2013 |
| VID499/2013 | BASF Agro B.V & Ors | Environmax Technologies Pty Ltd | Patents | First Directions set for 2 August 2013 |
In the past week, the following case developments occurred:
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1243/2011 | Apple Inc. & Anor | Samsung Electronics Co. Limited & Anor | Patents | Hearings held, further hearings set for 02 September 2013 to 13 December 2013 |
| NSD308/2013 | Apple Inc. & Anor | Samsung Electronics Co. Limited & Anor | Patents | Part Heard, further hearings set for 11 June 2013 |
| NSD820/2013 | Bitzer Australia Pty Ltd | Andrew Japp & Anor | Copyright | Directions set for 24 June 2013 |
| VID3/2013 | Alive Girl Pty Ltd & Anor | Evered Fashion & Ors | Design | Administrative Listing held, Directions set for 2 August 2013 |
| NSD844/2013 | Electrolux Home Products Pty Ltd | Delap Impex Ltd & Ors | Trade Marks | First Directions set for 20 June 2013 |
| QUD243/2013 | EM Research Organization, Inc. | EM Solutions Aust. Pty Ltd & Anor | Trade Marks | Directions set for 9 August 2013 |
| NSD1917/2011 | Bohemia Crystal Pty Limited | Alessi Global Pty Limited | Trade Marks | Directions set for 01 August 2013 |
| NSD121/2012 | Otsuka Pharmaceutical Co., Ltd & Anor | Generic Health Pty Ltd | Patents | Administrative Listing held, Directions set for 11 September 2013 |
| SAD99/2012 | Lifeplan Australia Friendly Society Ltd & anor | Noel Woff & ors | Copyright | Directions set for 15 August 2013 |
| VID317/2013 | Blue Gentian LLC | Product Management Group Pty Ltd | Patents | Directions set for 02 August 2013 |
| VID900/2010 | Rea Group Ltd & Anor | Real Estate 1 Ltd & Ors | Trade Marks | Judgement madeClick here for Judgement |
| VID488/2012 | Seafolly Pty Limited | Fewstone Pty Ltd | Copyright | Hearing held, further hearings set for 17 to 19 June 2013 |
| VID386/2013 | DSM Nutritional Products, LLC | Suntory Holdings Limited | Appeals – Intellectual Property | Hearing set for 10 July 2013 |
| NSD820/2013 | Bitzer Australia Pty Ltd | Andrew Japp & Anor | Copyright | Directions set for 24 June 2013 |
| NSD1941/2012 | Raytheon Company | Lockheed Martin Corporation | Trade Marks | Administrative Listing, Directions and Interlocutory Hearing held, Judgement made.Click here for Judgement |
| NSD844/2013 | Electrolux Home Products Pty Ltd | Delap Impex Kft & Ors | Trade Marks | Interlocutory Hearing held, Judgement set for 17 June 2013 |
| VID611/2012 | Louis Vuitton Malletier | Sonya Valentine Pty Ltd & Ors | Trade Marks | Directions held |
| NSD763/2013 | Apotex Pty Limited | Northwestern University & Ors | Patents | First Directions held, Directions set for 10 June 2014 |
| NSD734/2013 | Reckitt Benckiser Healthcare UK Ltd | GlaxoSmithKline Australia Pty Ltd | Patents | Directions held, Interlocutory Hearing set for 17 July 2013 |
| ACD52/2011 | UGL Services Pty Ltd | F1 Solutions Pty Ltd | Copyright | Hearing held, Administrative Listing set for 18 June 2013 |
In the past week, the following cases were finalised:
| File No. | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD474/2011 | Gram Engineering Pty Ltd | Bluescope Steel Limited | Design | Finalised – Granted/AllowedThe Court declares that in applying an obvious imitation of Australian Registered Design No. 121344S (the Design) to the fencing panel sheet product known as the “Smartascreen Panel” (a sample of which is Exhibit D in this proceeding) (Smartascreen Panel), and by selling, offering and keeping for sale the Smartascreen Panel during the period 16 April 2005 to 8 February 2010 (the Period), the Respondent has infringed the Design during the Period. |
| NSD1417/2012 | Knott Investments Pty Ltd & Others | Winnebago Industries, Inc | Notice of Appeal – Intellectual Property | Finalised – Granted / AllowedJudgement made
Click here for Judgement |
| NSD673/2011 | Apotex Pty Ltd | Astrazeneca AB & Anor | Patents | Finalised – Granted / Allowed in Part – Other Orders Made |
| NSD2342/2011 | Watson Pharma Pty Ltd | AstraZeneca AB | Patents | Finalised – Granted / Allowed in Part – Other Orders Made |
| NSD208/2012 | AstraZeneca AB & Anor | Ascent Pharma Pty Ltd | Infringement | Finalised – Granted / Allowed in Part – Other Orders Made |