Designs

Designs defined by prior art

Technicon has been unsuccessful in its appeal against the decision of Cowdry J reported here in which the trial judge found that Technicon had infringed Caroma’s registered design. The Full Court decision in Technicon Industries Pty Ltd v Caroma Industries Ltd [2009] FCAFC 76 largely affirms the reasoning at first instance and in doing so gives approval to what appears [...]

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Life-Sciences

Ownership of improvements to inventions

In the recent decision Fermiscan v James [2009] NSWSC 546, a second invention for a method and instrument for analysing nail and skin samples using X-ray diffraction to screen for disease was found not to be an improvement on a first invention by the same inventor for substantially the same method and instrument, the difference being that [...]

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Life-Sciences

Interlocutory injunctions roll on

The granting of interlocutory injunctions continues apace with Ryan J inWake Forest University Health Sciences v Smith & Nephew Pty Ltd [2009] FCA 630 ordering Smith & Nephew be restrained from commercial dealings in their Negative Pressure Wound Therapy Foam Dressing Kits said to be an infringement of Wake Forest’s patent.

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