Intellectual Property Litigation Round-Up – 06 July 2015

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for 29 June to 3 July 2015.

We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation.  Contact us here for more information on how we may be able to assist you.

Please note that the information in the tables below is correct as at the date of the posting but is subject to change.  Please check the Commonwealth Courts portal for the current status of any of the cases below.

 

Intellectual Property Cases Commenced

File No. Applicant(s) Respondent(s) Type Details
VID343/2015 Collins House Pty Ltd & Anor Asian Pacific Group Pty Ltd & Ors Trade Mark 2 July 2015
First Administrative Listing

1 July 2015
First Interlocutory Hearing

NSD773/2015 Viscopy Ltd Second East Auction Holdings Pty Ltd & Ors Copyright 2 July 2015
Case Filed
NSD775/2015 Concrete Mining Structures Pty Ltd Cellcrete Australia Pty Ltd & Anor Copyright 3 July 2015
First Interlocutory Hearing
VID346/2015 Intellectual Property Development Corporation Pty Ltd Reynolds Consumer Products, Inc. Trade Mark 14 August 2015
First Case Management Hearing

 

Case Developments

File No. Applicant(s) Respondent(s) Type Development
NSD121/2012 Otsuka Pharmaceutical Co., Ltd & Anor Generic Health Pty Ltd Patent 29 June 2015
Judgment
Adjourned – Part-Heard

View order here

View judgement here

NSD377/2015 Alfa Laval Corporate AB & Anor Heat Exchangers WA Pty Ltd & Anor Copyright 11 May 2015
Case Management Hearing
Adjourned – Pre-Hearing

View order here

Directions listed for 29 June 2015

NSD622/2015 Samsonite IP Holdings S.a.r.l Tosca Travelgoods (Aust) Pty Ltd Trade Mark 29 June 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions listed for 12 August 2015

QUD134/2015 Cre8tions Pty Ltd Varsity Developments Pty Ltd & Anor Copyright 29 June 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions listed for 13 August 2015

SYG2363/2013 Ahiida Pty Ltd JB Trading Group Pty Ltd Design 7 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions listed for 15 July 2015

VID339/2015 Achitecture HQ Pty Ltd Propertylinc Pty Ltd & Ors Copyright 29 June 2015
Interlocutory Hearing
Adjourned – Pre-Hearing

View order here

 

NSD1124/2009 Generic Health Pty Ltd Wyeth Patent 30 June 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions listed for 16 September 2015

NSD1639/2007 Apotex Pty Ltd Sanofi-Aventis Patent 30 June 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions listed for 11 September 2015

NSD596/2009 Alphapharm Pty Ltd Wyeth Patent 30 June 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions listed for 16 September 2015

VID109/2009 Britax Childcare Pty Ltd Infa Products Pty Ltd Patent 30 June 2015
Judgement
Adjourned – Pre- Hearing

View orders here

View judgement here

Directions listed for 11 September 2015

VID195/2009 Sigma Pharmaceuticals (Australia) Pty Lt Wyeth Patent 30 June 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions listed for 16 September 2015

VID19/2015 Alltel Pty Ltd Ashley Breeden & Ano Copyright 1 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions listed for 16 October 2015

VID343/2015 Collins House Pty Ltd Anor v Asian Pacific Group Pty Ltd & Ors Trade Mark 2 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Interlocutory Hearing listed for 15 July 2015

VID650/2014 Flexopack S.A Plastics Industry Flexopack Australia Pty Ltd & Anor Trade Mark 1 July 2015
Return of Subpoena
Adjourned – Part- Heard

View orders here

Pre-Trial Conference  listed for 7 August 2015

NSD2124/2013 Virgin Enterprises Limited Agripower Australia Limited Appeal 2 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions listed for 21 August 2015

NSD529/2015 Liberty Mutual Insurance Company trading as Liberty International Underwriters Liberty Financial Pty Ltd & Anor Trade Mark 2 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions listed for 7 August 2015

NSD954/2014 Merck Sharp & Dohme Corp. Anor v Ono Pharmaceutical Co. Ltd Patents 2 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions listed for 9 November 2015

QUD435/2014 Discount Drugstores Pty Ltd The Registrar of Trade Marks Trade Mark 2 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Hearing listed for 6 October 2015

SYG509/2015 Ian Cubitts Classic Home Improvements Pty Ltd Radomir Krickovic T/As Granny Flat Projects Copyright 2 July 2015
Directions
Adjourned – For Hearing

View orders here

Hearing of Interlocutory Application listed for 11 August 2015

VID336/2015 Metricon Homes Pty Ltd Sanders Constructions Pty Ltd & Ors Copyright 2 July 2015
Interlocutory Hearing
Adjourned – For Hearing

View orders here

Interlocutory Hearing listed for 24 July 2015

VID343/2015 Collins House Pty Ltd Anor v Asian Pacific Group Pty Ltd & Ors Trade Mark 2 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Interlocutory Hearing listed for 15 July 2015

VID575/2014 Insight Radiology Pty Ltd InSight Clinical Imaging Pty Ltd Trade Mark 2 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions set for 14 August 2015

VID714/2014 InSight Clinical Imaging Pty Ltd Insight Radiology Pty Ltd & Anor Trade Mark 2 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions set for 14 August 2015

NSD1517/2007 Electronic Tax-Free Shopping Limited Fexco Merchant Services & Ors Patent 3 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

NSD639/2015 Merck, Sharp & Dohme (Australia) Pty Ltd Genentech, Inc. Patent 3 July 2015
Case Management Hearing
Adjourned – Pre- Hearing

View orders here

Directions set for 14 August 2015

NSD775/2015 Concrete Mining Structures Pty Ltd Cellcrete Australia Pty Ltd  & Anor Copyright 3 July 2015
Interlocutory Hearing
Adjourned – Pre- Hearing

View orders here

Directions set for 8 July 2015

VID153/2015 THF Innovation Pty Ltd Anor v G8 Pty Ltd Infringement 3 July 2015
Directions
Adjourned – Pre- Hearing

View orders here

Hearing listed for 19 October 2015

VID266/2015 Shaun Pulfrey & Anor McPherson’s Consumer Products Pty Ltd Infringement 3 July 2015
Case Management Hearing
Adjourned – Pre- Hearing

View orders here

Directions listed for 28 August 2015

NSD657/2015 The Wild Wolf Company Wild & Wolf (Holdings) Ltd Trade Mark 6 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Case Management Hearing listed for 4 August 2015

NSD75/2015 Crown Resorts Limited and Anor Crown Group Holdings Pty Ltd and Ors Trade Mark 6 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Directions listed for 21 July 2015

NSD183/2015 JR Consulting & Drafting Pty Limited &  Ors v Robert Cummings & Ors Robert Cummings & Ors Intellectual Property 6 July 2015
Administrative Listing
Adjourned – Pre- Hearing

View orders here

Full Court Hearing listed for 17 August 2015

 

Finalised Cases

File No Applicant(s) Respondent(s) Type Outcome
NSD43/2015 Bridgestone Licensing Services Inc Marshalls Mono Limited Trade Mark 2 July 2015
Administrative Listing
Finalised – Dismissed By Consent

View orders here

QUD260/2008 N.V. Sumatra Tobacco Trading Company British American Tobacco Australia Services Limited Trade Mark 2 July 2015
Administrative Listing
Finalised – Granted/Allowed in Part – Other Orders Made

View orders here

 

BCSE(Hons) MIP FIPTA

Mark’s academic background is in computer science and electrical engineering. He assists clients in obtaining and enforcing their intellectual property rights in the areas of software, electronics and engineering. Prior to joining Phillips Ormonde Fitzpatrick, Mark worked for a leading automotive manufacturer.