Intellectual Property Litigation Round-Up – 3 August 2015

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for 27 July to 31 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
VID392/2015 ABN Group (Vic) Pty Ltd Boutique Properties (Vic) Pty Ltd & Anor Trade Mark 21 August 2015
First Case Management Hearing
NSD903/2015 Seven Network (Operations) Limited Endemol Australia Pty Limited & Ors Copyright 31 August 2015
First Interlocutory Hearing
VID399/2015 Merial Limited Intervet International B.V. Patent 4 September 2015
First Case Management Hearing
VID393/2015 Mario Verrocchi & Anor Chemhouse Pty Ltd & Ors Trade Mark 4 September 2015
First Case Management Hearing
VID398/2015 Health World Limited Endura Limited Trade Mark 2 September 2015
First Case Management Hearing
VID394/2015 GM Holden Ltd & Ors S.S.S. Auto Parts Pty Ltd & Ors Design 4 September 2015
First Case Management Hearing

Case Developments

File No. Applicant(s) Respondent(s) Type Development
DNG29/2015 TERRITORY HOMES PTY LTD RAMINDER SINGH WALIA & ORS Copyright 27 July 2015
Directions
Adjourned – Pre-Hearing

View order here

Directions set for 27 August 2015

MLG1505/2014 Top Plus Pty Ltd Rainbow World Development Pty Ltd & Ors Copyright 27 July 2015
Directions
Adjourned – Pre-Hearing

View order here

Directions set for 13 October 2015

NSD1038/2014 Globefill Incorporated Unique Liquor Pty Ltd & Anor Trade mark 27 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions set for

4 September 2015

NSD177/2015 Globefill Incorporated Mexican Liquor Imports Pty Ltd Infringement 27 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions set for
4 September 2015

NSD251/2014 Warner-Lambert Company LLC & Ors Generic Partners Pty Ltd Patent 31 July 2015
Part Heard
Adjourned – Part-Heard
NSD763/2013 Apotex Pty Limited Warner-Lambert Company LLC Patents 31 July 2015
Part Heard
Adjourned – Part-Heard
SAD171/2015 Working Systems Software Pty Ltd The Crown in right of the State of South Australia Copyright 27 July 2015
Directions
Adjourned – Judgment Reserved

View order here

VID336/2015 Metricon Homes Pty Ltd Sanders Constructions Pty Ltd & Ors Copyright 23 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions set for 21 August 2015

NSD102/2015 TICA Default Tenancy Control Pty Ltd Datakatch Pty Ltd  & Ors Copyright 28 July 2015
Directions
Adjourned – Pre-Hearing

View order here

Hearing set for 21 March 2016

NSD251/2014 Warner-Lambert Company LLC & Ors Generic Partners Pty Ltd Patent 31 July 2015
Part Heard
Adjourned – Part-Heard
NSD763/2013 Apotex Pty Limited Warner-Lambert Company LLC Patent 31 July 2015
Part Heard
Adjourned – Part-Heard
NSD773/2015 Viscopy Ltd Second East Auction Holdings Pty Ltd  & Ors Copyright 28 July 2015
Case Management Hearing
Adjourned – Pre-Hearing

View order here

Directions set for 27 October 2015

VID316/2014 Yotopia Pty Ltd & Anor Basic Goodness Pty Ltd & Ors Copyright 28 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Hearing set for 12 October 2015

NSD172/2015 Sistema Plastics Limited Globaleyes Distribution Pty Ltd Trade mark 29 July 2015
Administrative Listing

Adjourned – Pre-Hearing
View order here

Directions set for 30 November 2015

NSD344/2014 Geneva Laboratories Limited & Anor Prestige Premium Deals Pty Ltd & Ors Trade mark 29 July 2015
Return of Subpoena
Adjourned – Pre-Hearing

Interlocutory Hearing set for 6 August 2015

NSD464/2015 220 Productions Pty Limited National Film and Sound Archive of Australia Not Defined 29 July 2015
Return of Subpoena
Adjourned – Pre-Hearing

View order here

Return of Subpoena set for 5 August 2015

NSD631/2015 Bekaert Wire Ropes Pty Ltd Haggie Reid Pty Ltd Patent 29 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Case Management Conference set for 24 August 2015

NSD862/2015 Shen Neng Herbal Medicines Group Pty Ltd P & Y Beauty & Massage Accessories Pty Ltd & Ors Trade mark 29 July 2015
Directions
Adjourned – Pre-Hearing

View order here

Directions set for 4 August 2015

VID571/2014 GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No. 2) Limited & Anor Apotex Pty Ltd Patent 29 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Interlocutory Hearing set for 21 August 2015

VID638/2014 GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No. 2) Limited & Anor Apotex Pty Ltd Patent 29 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Interlocutory Hearing set for 21 August 2015

NSD837/2015 Otsuka Pharmaceutical Co., Ltd & Anor Generic Health Pty Ltd Intellectual Property 30 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Interlocutory Hearing set for 13 August 2015

NSD1052/2014 Primary Health Care Limited The Crown in Right of the Commonwealth of Australia & Ors Trade mark 30 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions set for 6 October 2015

NSD1376/2014 Aboriginal Nations Pty Ltd & Anor Australian Museum Trust Copyright 30 July 2015
Directions
Adjourned – Pre-Hearing

View order here

Hearing set for 7 October 2015

NSD251/2014 Warner-Lambert Company LLC & Ors Generic Partners Pty Ltd Patent 31 July 2015
Part Heard
Adjourned – Part-Heard
NSD682/2015 Bauer Comsumer Media Ltd & Anor Evergreen Television Pty Ltd Trade mark 30 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

First Directions set for 14 September 2015

NSD763/2013 Apotex Pty Limited Warner-Lambert Company LLC Patent 31 July 2015
Part Heard
Adjourned – Part-Heard
NSD935/2014 Bauer Comsumer Media Ltd & Anor Evergreen Television Pty Ltd Trade mark 30 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions set for 14 September 2015

QUD647/2014 Debra Crocker Toys R Us & Ors Trade mark 30 July 2015
Judgment
Adjourned – Pre-Hearing

View order here

VID293/2015 Deb Worldwide Healthcare, Inc. Gojo Industries, Inc. Patent 30 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions set for 11 September 2015

VID317/2015 CTA Australia Pty Ltd Tactile Navigation Pty Ltd Infringement 30 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

MLG1512/2014 Top Plus Pty Ltd A-Music Pty Ltd & Ors Copyright 31 July 2015
Directions
Adjourned – Pre-Hearing

Directions set for 21 August 2015

NSD251/2014 Warner-Lambert Company LLC & Ors Generic Partners Pty Ltd Patent 31 July 2015
Part Heard
Adjourned – Part-Heard
NSD546/2015 Thomas International Ltd Humantech Pty Ltd & Ors Infringement 31 July 2015
Directions
Adjourned – Part-Heard

View order here

Return of Subpoena set for 5 August 2015

NSD763/2013 Apotex Pty Limited Warner-Lambert Company LLC Patent 31 July 2015
Part Heard
Adjourned – Part-Heard
VID156/2015 Metricon Homes Pty Ltd Carlisle Homes Pty Ltd Copyright 31 July 2015
Administrative Listing
Adjourned – Pre-Hearing

View order here

Directions set for 25 August 2015

VID654/2014 Formula One Self Driving Screens Pty Ltd & Anor Omniform Consulting Pty Ltd & Anor Patent 31 July 2015
Administrative Listing

Pre-Trial Conference set for 2 October 2015

 

Finalised Cases

File No Applicant(s) Respondent(s) Type Outcome
NSD628/2015 Vibe Hotel Services Pty Ltd Best Western International Inc Trade mark 28 July 2015
Administrative Listing
Finalised – Discontinued/Withdrawn
VID343/2015 Collins House Pty Ltd & Anor Asian Pacific Group Pty Ltd & Ors Trade mark 29 July 2015
Administrative Listing
Finalised – Dismissed By Consent

View order here

MLG1128/2015 Rolld Australia Pty Ltd & Ors Australian Employment Force Pty Ltd & Anor Infringement 30 July 2015
Administrative Listing
Finalised – Discontinued

View order 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 with a major Australian car manufacturer within their Current and Past Model Engineering group.