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 |
| 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 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 |
