This seminar will discuss recent cases which address situations including lawyers and patent attorneys acting for clients who are competitors, lawyers acting for their friends, and lawyers starting questionable court actions to achieve their client’s commercial objectives.
Click here to see the full post Wishing you a happy and prosperous New Year!
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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 [...]
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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 [...]
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The practice of private company Adelaide City Fines in issuing parking tickets calculated to give the impression of being “fines” issued by an official body has been found to constitute misleading and deceptive conduct in breach of the Trade Practices Act in proceedings brought by the Corporation of the City of Adelaide.
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The Intellectual Property Office of New Zealand (IPONZ) has changed the way that patent details for all Patent Cooperation Treaty (PCT) applications entering New Zealand national phase are captured. From December 2008, patent details for all national phase applications will be copied from the World Intellectual Property Organisation (WIPO) database. The change in process means [...]
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Justice Virginia Margaret Bell (currently of the NSW Supreme Court) has been named as a Justice of the High Court of Australia, with effect from 3 February 2009. She will be the 48th person, and the fourth woman (and the third on the current court), appointed to the High Court since federation in 1901. She [...]
Click here to see the full post Last Friday the High Court refused to grant special leave to appeal from the Full Federal Court decision in Austal Ships Sales Pty Ltd v Stena Rederi Aktiebolag [2008] FCAFC 121. The transcript of the special leave hearing can be found here. In relation to the Full Court’s finding that despite claim 1 being incorporated [...]
Click here to see the full post The Australian Competition and Consumer Commission has shut down the ‘Designer Brand Outlet’ website. The ACCC alleged that false, misleading and deceptive representations were made on the website and that some of the clothes supplied were counterfeit copies. The ACCC release is here.
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