Limited time to initiate infringement proceedings after Customs seizure
Jemella Australia Pty Ltd v MacKinnon [2008] FCA 1022 relates to a Customs seizure and an application for an extension of time under section 137 of the Trade Marks Act….
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So what’s the difference?
The first serious consideration of section 7(4) of the Patents Act 1990 relating to innovative step, the decision of Gyles J in Delnorth Pty Ltd v Dura-Post (Aust) Pty Ltd…
Gyles J Takes Aim at Enabling Disclosure
In Apotex Pty Ltd (formerly GenRx Pty Ltd) v Sanofi-Aventis [2008] FCA 1194, previously mentioned here, Gyles J concluded his consideration of novelty with the comment that: Anticipation is deadly…
Federal Court’s Flu Shot for Patent Law
Over 100 years ago Lord Esher, in Ungar v Sugg (1892) 9 RPC 113, opined: that a man had better have his patent infringed, or have anything happen to him…
Two Wrongs Don’t make a Right but Two Countries make an International Exhibition
The Full Federal Court has allowed the appeal in Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2008] FCAFC 142, overturning the decision of the trial judge and holding that…
Australian Courts and Spanish Law
In an appeal from a Trade Mark opposition, Ryan J in Neumann v Sons of the Desert SL [2008] FCA 1183, has seemingly significantly broadened the operation of section 42…
World’s Second Biggest Selling Drug Survives Revocation Suit
Apotex Pty Ltd (formerly GenRx Pty Ltd) v Sanofi-Aventis [2008] FCA 1194, handed down on Tuesday, determined a validity challenge to the Sanofi-Aventis patent covering the drug Clopidogrel, marketed as…
New Patents Bill tightens up on patents process
The Patents Bill was introduced to Parliament on 9 July, and will replace the Patents Act 1953. The purpose of the new Bill is to update New Zealand’s patent regime…
Requesting Patent Foreign Filing Permits – Section 25(5) by e-mail
Where a NZ resident wishes to file an application for a patent abroad without first filing a corresponding patent application in New Zealand, the resident must obtain a foreign filing…
Gummow J sets homework assignment for IceTV and Nine
As reported elsewhere , the High Court last Tuesday granted IceTV special leave to appeal against the Full Court’s finding that it had infringed Nine’s copyright in its TV schedule….