An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal as of 15 February 2013.
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The following intellectual property cases were commenced in the week ending 15 February 2013:
| File Number | Applicant(s) | Respondent(s) | Type | Status |
| SYG239/2013 | The Unit Australia Pty Ltd | Bell Potter Securities Ltd | Copyright | Application made, First Court Date set for 11 April 2013 |
| QUD80/2013 | King Par, LLC | Brosnan Golf Pty Ltd | Trade Marks | Originating Application filed, Directions set for 12 March 2013 |
In the past week, the following case developments occurred:
| File Number | Applicant(s) | Respondent(s) | Type | Development |
| NSD48/2013 | Gilead Sciences Australia Pty Ltd | Idenix (Cayman) Ltd & Ors | Patents | First Directions heard, further Directions set for 19 March 2013 |
| VID59/2013 | Spa Industries Pty Ltd as Trustee for the Spa Industries Unit Trust & Anor | T&G Enterprises (Vic) Pty Ltd | Infringement | Administrative Listing held, Directions set for 19 April 2013 |
| VID1008/2011 | Ranbaxy Laboratories Limited & Anor | AstraZeneca AB & Anor | Patents | Directions heard, further directions to be held 19 February to 27 March 2013 |
| NSD1386/2012 | Esco Corporation & Anor | Bradken Resources Pty Limited & Anor | Patents | Directions heard |
| NSD361/2012 | Phonographic Performance Company of Australia Ltd | Commercial Radio Australia Limited | Appeal – Copyright | Final hearing concluded, awaiting submissions, Directions set for 21 February 2013 |
| NSD3/2011 | Research Affiliates LLC | Commissioner of Patents | Patents | Adjourned – Final Hearing Concluded, Awaiting Submissions;
Appeal against the Commissioner’s decision be dismissed with costs; View judgement here |
| NSD2332/2011 | Research Affiliates LLC | Commissioner of Patents | Patents | Adjourned – Final Hearing Concluded, Awaiting Submissions;
Appeal against the Commissioner’s decision be dismissed with costs; View judgement here |
| NSD113/2011 | Cantarella Bros Pty Limited | Modena Trading Pty Limited | Trade Marks | Adjourned – Final Hearing Concluded, Awaiting Submissions; Directions set for 21 February 2013;
View judgement here |
| NSD1243/2011 | Apple Inc. & Anor | Samsung Electronics Co. Limited & Anor | Patents | Directions held, further hearings set for 25 February to 14 June 2013 |
| NSD51/2012 | Apotex Pty Ltd | Les Laboratoires Servier | Patents | Case Management Conference held, further Conference to be held on 8 March 2013 |
| WAS136/2009 | Schutz Australia Pty Ltd & Ors | VIP Plastic Packaging Pty Ltd & Anor | Trade Marks | Case Management Conference held, Interlocutory Hearing set for 02 April 2013 |
| QUD455/2012 | Ellen G White Estate, Inc | Brendan Paul Knudson | Copyright | Interlocutory Hearing held, Hearing set for 26 March 2013 |
| SAD224/2012 | Harcourts WA Pty Ltd | Roy Weston Nominees Pty Ltd | Trade Marks | Directions heard, further Directions set for 28 March 2013 |
| NSD304/2012 | The White Company (UK) Limited | White Homewares Pty Lt | Trade Marks | Directions heard |
| NSD303/2012 | The White Company (UK) Limited | White Homewares Pty Lt | Trade Marks | Directions heard |
| NSD1048/2012 | Novartis AG & Ors | Hospira Pty Limited | Patents | Directions heard |
| NSD1207/2012 | Novartis Ag & Anor | Hospira Pty Limited | Patents | Directions heard |
| NSD2024/2012 | Novartis AG & Anor | Apotex Pty Limited | Patents | Directions heard |
| NSD904/2012 | Bayer Pharma Aktiengesellschaf | Genentech, Inc | Patents | Directions heard |
| NSD1816/2004 | S.P.I. Spirits (Cyprus) Ltd | Spirits International N.V. & Anor | Trade Marks (Cross Claim) | Judgement made (Adjourned – pre hearing), Further Directions to be held on 26 February 2013 |
| NSD1941/2012 | Raytheon Company | Lockheed Martin Corporation | Trade Marks | Directions heard, further directions set for 7 March 2013 |
| NSD1743/2012 | Barclays Bank PLC | Barclays Business Brokers Pty Ltd & Ors | Trade Marks | Directions heard |
| VID1469/2011 | Graham’s Factree Pty Ltd | Oak Enterprises | Infringement | Case Management Conference held |
| NSD96/2011 | Fieldturf Tarkett Inc | Tigerturf International Limited | Patents | Case Management Conference held |
| NSD227/2011 | Tigerturf International Ltd | Fieldturf Tarkett Inc | Patents | Case Management Conference held |
In the past week, the following cases were finalised:
| File Number | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD643/2010 | Cancer Voices Australia & Anor | Myriad Genetics Inc & Ors | Patents | Finalised
Click here for our report on this case posted earlier today. Judgement will be published later today. |
| NSD784/2012 | Yperion Technology SAS | Luminex Pty Limited & Ors | Intellectual Property | Finalised – Granted/Allowed by Consent |