D’Arcy v Myriad Genetics Inc.

On 7 October 2015, the High Court of Australia unanimously allowed Ms D’Arcy’s appeal from the Full Federal Court decision in D’Arcy v Myriad Genetics Inc (2014) 224 FCR 479 (‘D’Arcy’), holding that Myriad’s claims to isolated nucleic acids were not patentable subject matter. The decision relates to Australian Patent 686004, which includes claims to …
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POF wins ‘IP Law Firm of the Year Australia’ in the Annual International Awards

We are delighted to announce that Phillips Ormonde Fitzpatrick has won ‘IP Law Firm of the Year Australia’ in the 2016 Annual International awards. The Awards recognise successful work and achievements carried out by firms and advisers from across the globe. The winners of the Annual International awards are subject to rigorous assessment criteria, carried …
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Last Hurrah for Dallas Buyers Club?

The Federal Court has dismissed the latest attempt by the makers of the film Dallas Buyers Club to pursue copyright infringement claims against internet subscribers. Initially, in Dallas Buyers Club LLC v iiNET Limited [2015] FCA 317, the Court made a preliminary discovery order requiring various Australian Internet Service Providers (ISPs) to turn over details …
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Full Federal Court rejects patent for computer-implemented invention

On 11 December 2015, the Full Court of the Federal Court of Australia in Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177 has confirmed that a scheme or idea implemented on a generic computer, using standard software and hardware, is unpatentable. In essentially following and expanding upon the reasoning in its earlier …
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POF celebrates the festive season in style at Vue de Monde

On Thursday 3 December, POF celebrated the festive season in style with a client cocktail function at The Lady Nelson Room, Vue De Monde. Located at the top of the Rialto Towers on Collins Street, Vue De Monde is one of Melbourne’s most prestigious and iconic venues, with spectacular views over Melbourne’s CBD and Port …
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UPDATE: ‘Gene Patents’ Examination Practice

IP Australia has released its revised examination practice following the High Court ‘gene patents’ decision in D’Arcy v Myriad. The practice applies immediately to pending applications. In considering the principles and approach taken by the High Court, the examination practice sets out that it is useful to ask: What is the substance of the claim …
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Season’s Greetings! Holiday business hours – Phillips Ormonde Fitzpatrick

  Our Melbourne, Sydney and Adelaide offices will close at the end of the business day on Thursday 24 December 2015 and reopen on Monday 4 January 2015. The closure of our offices will coincide with the annual closure of the Patent and Trade Mark Offices and Courts in Australia and New Zealand. IP Australia …
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Congratulations to our client ANCA on winning Australian Exporter of the Year 2015

Phillips Ormonde Fitzpatrick would like to congratulate our client  ANCA (Australian Numerical Controls and Automation), for receiving the prestigious Australian Exporter of the Year Award  at the 53rd Australian Export Awards held in Melbourne last Friday 27 November . ANCA was also the winner in the Manufacturing category. The awards were presented by Trade and …
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