In Richwood Creek Pty Ltd v Williams [2010] FCA 196 the Federal Court has reversed a decision of the Patent Office to uphold a patent opposition. The opposition was decided on the ground that the patent applicant alone was not entitled to the grant of a patent. Spender J disagreed that one of the inventors’ [...]
Click here to see the full post
In November 2009 the Australia Government introduced legislation implementing the Agreement between Australia and New Zealand on Trans-Tasman Court Proceedings and Regulatory Enforcement. The Trans-Tasman Proceedings Bill 2010 was passed by both Houses of the Australian Parliament and is now awaiting Royal Assent. The New Zealand Government introduced parallel legislation on 24 November 2009. The [...]
Click here to see the full post
The decision of Bennett J in Inverness Medical Switzerland GmbH v MDS Diagnostics Pty Limited [2010] FCA 108 highlights the importance of expert witnesses being truly representative of the hypothetical person skilled in the art. Inverness relied on the evidence of Boscato, “a person who works at a bench in a laboratory rather than being [...]
Click here to see the full post
The High Court today refused the application by Sanofi-Aventis for special leave to appeal the decision of the Full Federal Court in Apotex Pty Ltd v Sanofi-Aventis [2009] FCAFC 134, meaning the decision of that court stands.
Click here to see the full post “On a practical level the lesson of this case may be there is a need for express arrangements” – Gummow J special leave hearing. The impact of the recent decision of the High Court of Australia to refuse the University of Western Australia’s application for special leave to appeal from the Full Federal Court’s decision [...]
Click here to see the full post The High Court today refused the application by the University of Western Australia for special leave to appeal the decision of the Full Federal Court in University of Western Australia v Gray [2009] FCAFC 116. There is no further avenue of appeal. The University issued this statement today.
Click here to see the full post The decision of Ryan J in Wake Forest University Health Sciences v Smith & Nephew granting an interlocutory injunction to restrain infringement (previously reported here) has been overturned on appeal in Smith & Nephew Pty Ltd v Wake Forest University Health Sciences [2009] FCAFC 142. The main issue on appeal was whether the alleged infringer had sufficiently demonstrated that the [...]
Click here to see the full post Corporate webcaster, Boardroom Radio, has today published an audio interview of Phillips Ormonde Fitzpatrick Lawyers partner, Chris Schlicht, on the Full Federal Court decision in University of Western Australia v Gray[2009] FCAFC 116. The interview can be heard here. The interviewer seeks Chris’s view on the prospect of success of a possible appeal to the High Court.
Click here to see the full post In Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd [2009] FCA 1049, the Court refused to grant an interlocutory injunction to restrain breaches of the Trade Practices Act as well as patent and trade mark infringement in light of undertakings given by the alleged infringer. The applicants (“Schutz”) sought an injunction on an interlocutory [...]
Click here to see the full post The importance of considering whether a patent should be amended prior to any Court proceedings being commenced has been reinforced by the decision of Bennett J in Apotex Pty Ltd v Les Laboratoires Servier (No 2)[2009] FCA 1019. Servier had initially applied to amend its then patent application under section 104. The amendments were allowed and [...]
Click here to see the full post