In the decision of the Full Federal Court of Australia in IGT (Australia) Pty Ltd v Aristocrat Technologies Australia Ltd [2008] FCAFC 131 Justice Gyles has thrown doubt on the correctness of the approach adopted by the Commissioner and the Federal Court on appeal under section 60(4) with respect to the Opponent’s onus in pre-grant …
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The decision of Jessup J in Sherman v Commissioner of Patents [2008] FCA 1026 concerns an appeal from a patent opposition, the Commissioner being a party as a result of the withdrawal of the original opponent. The Commissioner had filed an affidavit exhibiting a citation relied upon for the finding that the claims lacked novelty …
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In Boyapati v Rockefeller Management Corporation [2008] FCA 995, Kenny J considered, amongst other causes of action, a claim for infringement of copyright in a series of tests designed to prepare candidates for the Undergraduate Medicine & Health Sciences Admission Test (“UMAT”). There was little doubt that the respondent, also engaged in the business of …
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Jemella Australia Pty Ltd v MacKinnon [2008] FCA 1022 relates to a Customs seizure and an application for an extension of time under section 137 of the Trade Marks Act. It appears that the 10 day period for instituting infringement proceedings is rigid and that if any extension is sought it must be applied for …
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Allen Hardware Products Pty Ltd v Tclip Pty Ltd [2008] ADO 8, saw delegate Herald consider an application by Tclip for revocation of certain registered designs in the name of Allen Hardware on the basis of lack of entitlement. The delegate considered that principles relating to inventorship under the Patents Act should be applied to …
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The Copyright (New Technologies) Amendment Act 2008, which received the Royal Assent on 11 April 2008, has amended infringement provision relating to the importation of films. A person will now infringe copyright in a film if that person: (a) imports a copy of the film into New Zealand within 9 months of first being made …
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The manner of calculating an account of profits by reason of copyright infringement was considered by Heerey J in Tenderwatch Pty Ltd v Reed Business Information Pty Ltd [2008] FCA 931. On the question of what proportion of the profits made were attributable to the infringement, his Honour considered that the use made of the …
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In E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2008] FCA 934, handed down on 20 June 2008, Flick J considered a claim by Gallo that Lion Nathan had infringed Gallo’s trade mark BAREFOOT, registered in relation to wine by the sale of beer under the trade mark BAREFOOT RADLER. On the …
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This case (The Commonwealth of Australia v John Murray Charlesworth [2008] APO 16 (3 June 2008)) related to a successful challenge by the Commonwealth of Australia, c/– Minister for Defence under Sections 32 and 36 of the Patents Act in respect of a water concentration measuring device conceived by Dr John Murray Charlesworth while employed …
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Peter John Ward v Embrey Attachments and The Stanley Works [2008] APO 17 (12 June 2008) related to a Section 223 extension of time within which to comply with section 45(3). Although the need to file search results was abolished in October 2007, this decision is a reminder that the requirement still exists for those …
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