“On a practical level the lesson of this case may be there is a need for express arrangements” – Gummow J special leave hearing. The impact of the recent decision of the High Court of Australia to refuse the University of Western Australia’s application for special leave to appeal from the Full Federal Court’s decision …
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The High Court today refused the application by the University of Western Australia for special leave to appeal the decision of the Full Federal Court in University of Western Australia v Gray [2009] FCAFC 116. There is no further avenue of appeal. The University issued this statement today.
The decision of Ryan J in Wake Forest University Health Sciences v Smith & Nephew granting an interlocutory injunction to restrain infringement has been overturned on appeal in Smith & Nephew Pty Ltd v Wake Forest University Health Sciences [2009] FCAFC 142. The main issue on appeal was whether the alleged infringer had sufficiently demonstrated that the only claim …
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In Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd [2009] FCA 1049, the Court refused to grant an interlocutory injunction to restrain breaches of the Trade Practices Act as well as patent and trade mark infringement in light of undertakings given by the alleged infringer. The applicants (“Schutz”) sought an injunction on an interlocutory …
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The importance of considering whether a patent should be amended prior to any Court proceedings being commenced has been reinforced by the decision of Bennett J in Apotex Pty Ltd v Les Laboratoires Servier (No 2)[2009] FCA 1019. Servier had initially applied to amend its then patent application under section 104. The amendments were allowed and …
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The Advisory Council on Intellectual Property (ACIP) has released a paper outlining options for reforming the legal tests for patentable subject matter. The options proposed by ACIP include modernising or replacing the existing test for patentable subject matter. Some of the options have the intent of allowing researchers and innovators greater clarity and transparency when it …
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IP Australia has announced that patent applications for environmentally friendly technologies can be fast-tracked.
In a case having significant implications for academic institutions, the Full Federal Court in University of Western Australia v Gray [2009] FCAFC 116rejected the claim that the University of Western Australia owned the rights to inventions made by one of its academics, upholding French J’s first instance decision in University of Western Australia v Gray (No 20) [2008] FCA …
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Early last week the Federal Court granted two interlocutory injunctions to restrain alleged patent infringement in Alphapharm Pty Limited v Wyeth[2009] FCA 945 and Medrad Inc v Alpine Medical Pty Ltd [2009] FCA 949.
The Patent office decision in LTS Lohmann Therapie-Systeme AG and Schwarz Pharma Limted [2009] APO 16, rejecting an application for an extension of patent term, highlights the care which must be taken in drafting claims to drug delivery systems such a transdermal patches if such an extension is to be successfully obtained.
