The Senate Community Affairs Committee is inquiring on the impact of the granting of patents in Australia over human and microbial genes and non-coding sequences, proteins, and their derivatives, including those materials in an isolated form. Written submissions are invited by 19 March 2009.
G.D. Searle LLC applied for an extension of term based on the substance darunavir. Another substance (known as amprenavir), which was within the scope of the claims of the Seale’s patent, had an earlier inclusion in the Australian Register of Therapeutic Goods (ARTG). The Delegate held that Searle’s application did not comply with section 71 …
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The Full Court of the Federal Court has overturned the decision of Jessup J in Sherman v Commissioner of Patents [2008] FCA 1026. The Full Court was not persuaded that s160(a) of the Patents Act, which provides that on hearing an appeal against a decision of the Commissioner, the Federal Court may admit further evidence …
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Several film companies and licensees today initiated proceedings in the Federal Court against iiNet, a major Australian Internet service provider, over its alleged failure to prevent its customers downloading unauthorised copies of films and programs.
On 5 July 2006 Review 2 Pty Ltd was registered as the owner of Design Registration No. 307708 in relation to ladies garments (“the Review Design”). This case considered whether Redberry Enterprise Pty Ltd (“Redberry”) infringed the Review Design and considered Redberry’s cross-claim that the Review Design was invalid. Kenny J found that the Review …
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In most intellectual property litigation in Australia, an order is made at a relatively early stage that issues of liability be determined separately from and prior to issues of quantum of any relief. While there are good reasons for the making of such an order, it does mean that a finding that a valid IP …
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Since 2005, the first inclusion of a generic medicine in the Pharmaceutical Benefits Scheme (PBS) has resulted in an automatic 12.5% price reduction in the government subsidy of all medicines of that type, including the original listing. This factor has become increasingly significant in applications for interlocutory injunctions in pharmaceutical patent litigation, as illustrated by …
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While Australia has had a new Designs Act for over four years now, the previous Designs Act 1906 still has a significant role to play in respect of designs registered under that act. Caroma Industries Ltd v Technicon Industries Pty Ltd [2008] FCA 1465 illustrates the breadth of the infringement provisions of the 1906 Act. …
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IP Australia and the USPTO have entered into an arrangement that will see IP Australia act as an international search and examination authority for certain international patent applications filed with the USPTO. The arrangement comes into effect on 1 November 2008 and will allow US applicants to choose IP Australia to undertake the initial search …
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Section 105 of the Patents Act empowers the Court to direct amendment of a patent which is the subject of pending legal proceedings, including at the request of the patentee. The course of patent litigation may give rise to many good reasons for considering amendment to the patent in suit, however any decision to do …
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