Patents –invalidity – discovery of naturally occurring phenomenon – claims for methods of applying that discovery – whether method of manufacture – whether inventive step
Category: IP and Trade Practices
Trade marks – infringement – defences – use of a mark for which the alleged infringer would have obtained registration – date at which assessment of registrability is to be made
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 – application for judicial review of decision of Registrar to extend time for filing notice of intention to oppose application for removal of two trade marks – “circumstances beyond control of the person”
Trade marks – appeal from decision of Registrar to reject application on ground of lack of distinctiveness
Red Energy Pty Ltd, an energy retailer in the National Electricity Market, applied for registration of the trade mark EVENPAY.
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.