Intellectual Property Litigation Round-Up – 23 January 2015

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 23 January 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
VID19/2015 Alltel Pty Ltd Ashley Breeden & Anor Copyright 20 February 2015

First Directions

NSD38/2015 Just Squeezed Fruit Juices (NSW) Pty Ltd  Just Squeezed Fruit Juices Pty Ltd  Trade Mark 17 February 2015

First Directions

NSD43/2015 Bridgestone Licensing Services Inc Marshalls Mono Limited Trade Mark 17 February 2015

First Directions

MLG97/2015 Aizaz Hassan The Age Company Limited & Anor Copyright 20 February 2015

Directions

Case Developments

File No. Applicant(s) Respondent(s) Type Development
NSD491/2010 GE BetzDearborn Canada Company Memcor Australia Pty Ltd Patent 12 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Directions listed for 10 February 2015

WAD383/2014 Pacvac Pty Ltd Central Cleaning Supplies (Aust) Pty Ltd Patent 13 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Interlocutory Hearing set for 17 February 2015

NSD935/2014 Bauer Consumer Media Ltd & Anor Evergreen Television Pty Ltd Trade Mark 14 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Directions set for 4 March 2015

NSD339/2014 Janette Gail Francis Allen & Unwin Pty Limited & Ors Copyright 15 January 2015 Administrative Listing Adjourned – Pre- Hearing

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NSD2556/2013 Voxson Pty Ltd  Telstra Corporation Ltd ACN 051 775 556 & Ors Patent 16 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Interlocutory Hearing set for 4 February 2015

NSD2436/2013 Voxson Pty Limited Telstra Corporation Limited & Ors Patent 20 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Interlocutory Hearing set for 4 February 2015

VID714/2014 InSight Clinical Imaging Pty Ltd Insight Radiology Pty Ltd & Anor Trade Mark 20 January 2015 Administrative Listing Adjourned – Part Heard

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MLG2267/2014 BSB Pacific Pty Ltd Salon Concepts NZ Ltd & Ors Trade Mark 21 January 2015 Administrative Listing Adjourned – Pre- Hearing

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WAD347/2014 Safety Direct Solutions Pty Ltd  Matthew James Watson & Anor Coyright 22 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Directions Hearing set for 31 March 2015

NSD149/2014 Anchorage Capital Partners Pty Limited ACPA Pty Ltd & Anor Trade Mark 23 January 2015 Retu4rn of Subpoena Adjourned – Part- Heard

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Part Heard set for 29 January 2015

 

NSD940/2014 James William Christian & Anor Societe Des Products Nestle S.A. & Anor Intellectual Property 20 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Full Court Hearing set for 2 March 2015

NSD2526/2013 Bristol-Myers Squibb Company & Anor  Apotex Pty Ltd  Intellectual Property 23 January 2015 Judgment Finalised – Dismissed

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View Judgment here

NSD2535/2013 Apotex Pty Ltd  Apotex Pty Ltd  Intellectual Property 23 January 2015 Judgment Adjourned – Final Hearing Concluded, Awaiting Submissions

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View Judgment here

Finalised Cases

File No Applicant(s) Respondent(s) Type Outcome  
BRG617/2014 Heather Nyssen & Denise Lawrence T/A Trim N Healthy  Slim N Healthy Pty Ltd & Anor Trade Mark 13 January 2015 Administrative Listing Finalised – Discontinued  
VID269/2014 Dealer Support Services Pty Ltd Motor Trades Association of Australia Ltd Trade Mark 19 December 2015 Administrative Listing Finalised – Dismissed by Consent

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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.