Category: IP and Trade Practices

Patents – appeal from decision of the delegate – lengthy trial and voluminous evidence – alternative dispute resolution mechanisms

Patents – construction – infringement – validity only if primary judge’s construction was wrong

Designs – infringement – defences – use of a component part of a complex product for the purposes of repair – proof of knowledge that a part to be used for a non-repair purpose – unjustified threats – whether potential availability of repair defence to be taken into account

Trade Marks – infringement – deceptive similarity – relevance of reputation – distinctiveness of acronyms

The trial judge had held that the appellant’s marks were deceptively similar to those of the respondent within the meaning of 120(1) of the Trade Marks Act 1955 (Cth).

Patents – penal notices and injunction against guarantees of supply for Pharmaceutical Benefits Scheme (“PBS”) listing

Patents – invalidity, threatened infringement, relief

Abuse of process – consecutive actions for infringement of divisional innovation patents

Trade marks – misleading or deceptive conduct – interlocutory injunction –  user of “SPORTSBET” seeks restraint on use of “SPORTINGBET” – characteristics of online betting market – admissibility of focus group report – prima facie case – previous co-existence of rival names – balance of convenience – need to find new name

Patents – infringement and validity – safety system used for the detection of obstructions in the path of a moving part of machinery, such as press brakes

Patents – method for identifying traits from genetic make-up of cows – manner of manufacture, inventive step, sufficiency, novelty, fair basis, clarity, definition and utility.

Patents – pharmaceutical products – paracetamol tablets – erroneous description of testing apparatus –whether claims should be construed so as to avoid the error – level of detail required in describing ingredients in pharmaceutical formulations – relevance of manufacturing and processing information in marketing authorisation application

Patents – novelty – whether language in claim described the function of integers for a locking mechanism or also specified position – utility – “promise” of the invention – “composite” promises – specification refers to multiple advantages conveyed by the invention – whether promises to be interpreted cumulatively or disjunctively