What man dost thou dig it for? – Mine drilling technique patent found to be invalid
Patents – mine drilling techniques – novelty – best method – infringement by section 117 – need to establish primary infringement
Category: IP and Trade Practices
Does not compute: patent for computer-implement business methods rejected
Patents – method of manufacture – business method patents – whether questionnaire and assessment method implemented using computers patentable – patent invalid
Implied terms in trade mark license upsets the apple cart
Trade marks – assignment and licence back – option to take assignment – whether variations agreed by conduct – implied terms – whether implied term that licence extends to replacement versions of licensed marks – whether implied term that marks be re-assigned if licence is breached – relevance of post-contractual conduct
Expandable garden hose patent holds water
Patents – construction – whether literal interpretation warranted – indirect infringement – innovative step – appropriateness of orders “in aid of delivery up
Telstra continues to see red over YELLOW
Trade marks – inherent capacity to distinguish – whether YELLOW has any inherent capacity – deceptive similarity – use as a noun compared with use as an adjective
Counterfeit tea business boils over into significant additional damages for infringement
Trade marks – counterfeit goods – respondents manifestly unbelievable – compensatory damages – additional damages
“Champagne” expert told to put a cork in it
Geographical indications – “Champagne Jayne” – promotion on Internet and social media – misleading and deceptive conduct
Close to trade mark infringement, but no cigar
Scandinavian Tobacco Group Eersel BV v Trojan Trading Company Pty Ltd [2015] FCA 1086 (9 October 2015) Trade marks – parallel importation – unpacking and repackaging due to tobacco labelling laws – whether...
MALTESERS’ strong reputation leaves a sour taste in Mars mouth
Trade marks – objection to registration – deceptive similarity – likelihood of deception or confusion – MALTESERS vs MALTITOS
Online copyright infringement reforms announced
The Government has given industry one last chance to agree an industry code for a “graduated response” scheme for alleged online infringers before it will step in and impose its own scheme.
Dallas Buyers Club LLC sues ISPs in Australia to identify “pirate” downloaders
Dallas Buyers Club LLC is suing ISPs in Australia to identify subscribers alleged to have downloaded the film without permission
This will hurt you more than me – validity of IV catheter patent upheld
Written by Peter Heerey AM, QC, Tom Cordiner & Alan Nash. In the proceeding B. Braun Melsungen AG v Multigate Medical Devices Pty Ltd [2014] FCA 1110, Pagone J held certain claims of two of B Braun’s patents for safety IV catheters valid and infringed by the conduct of Multigate. Both patents are for a safety needle protecting device for an intravenous catheter. Both claim the priority date of 12 June 1998 through the same chain of intermediate patents.
Discloser of confidential business plan almost misses out on the fruits of its labour
Written by Peter Heerey AM, QC, Tom Cordiner & Alan Nash. Where confidential information about a plan for corporate recapitalisation was disclosed and there was a subsequent development by the recipient and completion of the transaction without further recourse to discloser, the issue at trial was whether elements of confidentiality made out and whether equitable compensation is payable.