Author: Tom Cordiner QC

Axent Holdings Pty Ltd v Compusign Australia Pty Ltd

Patents Act– infringement and validity – variable speed limit signs – whether method or product claims – whether functional limitations were to capabilities or had to be present at all times – Crown use defence– innocent infringement– prior use defence– lapsed patent defence – lack of novelty (and section 24) and inventive step

Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission (No 3)

Practice and procedure – application for dismissal of proceedings – failure to prosecute proceedings with due diligence – consideration of the overarching purpose in s 37M of the Federal Court of Australia Act – application by corporate applicant to dispense with requirement to be legally represented – termination of four successive lawyers

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd – Part 4: Trade Marks Office Appeal

Trade marks – registration – opposition – appeal under s 56 of the Trade Marks Act against decision of the Registrar of Trade Marks allowing registration of the mark FREEZEFRAME PROTOX – whether a ground of opposition to registration of the marks is established pursuant to ss 42(b), 44, 58, 59, 60 or 62A of the Act

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd – Part 2: Allergan’s liability case

Trade marks – infringement claim under s 120 of the Trade Marks Act 1995 (Cth) – consumer law – misleading or deceptive conduct – torts – passing off – whether director should be held personally liable – Therapeutic Goods Act 1989 (Cth) – whether respondents infringed applicants’ BOTOX marks by using PROTOX as a trade mark

Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd – Part 1: Introduction

Trade marks – infringement claim under s 120 of the Trade Marks Act – consumer law – misleading or deceptive conduct – torts – passing off – whether director should be held personally liable – cross-claim for removal from Register for non-use – opposition – appeal under s 56 of the Trade Marks Act – BOTOX and PROTOX