The patent was not infringed

Thank you to all those readers who expressed a view in last Tuesday’s poll. The good news is that better than 80% of you answered correctly. According to the traditional view, recently applied by Rares J, there would be no infringement in Australia in the circumstances outlined. On the … Continue reading

Was the patent infringed?

Both A Pty Ltd and R Pty Ltd are located in Australia. A Pty Ltd has a patent in Australia over a gizmo. R Pty Ltd has entered into a contract with T LL C to make 100 gizmos for T for delivery to T’s facility in Eritrea. R Pty Ltd won’t make the gizmos itself; they will be made by its … Continue reading

Selected links,from last week

Here is a selection of links to IP-related matters I found interesting this week: Patents Bad and Good News for Bio-Pharmaceutical Patenting in the United States Publication of the USA Patent Case Management Judicial Guide (3rd edition) Trade marks Dick Smith wins rights to … Continue reading

Chemist Warehouse dismissed

While we are on the subject of misleading or deceptive conduct, the Full Court has dismissed "Chemist Warehouse"'s appeal from Middleton J's dismissal of its claim that stores like these: misrepresented an association of some sort with stores looking something like … Continue reading

Pacific (f)ale

Moshinsky J has rejected Stone & Wood’s attempt to block Thunder Road Pacific Ale and, instead, ruled that Stone & Wood made unjustified threats of trade mark infringement.[1] In 2010, Stone & Wood renamed its Draught Ale product as Stone & Wood Pacific Ale. Stone & Wood has … Continue reading