IPwars.com

Mainly intellectual property (IP) issues Down Under

Abilify interlocutory injunction continues pending appeal

Nicholas J stays dissolution of interlocutory injunction pending Otsuka’s appeal from invalidity of aripiprazole patent judgment. Commonwealth gets security for undertaking as to damages.

Productivity Commission to review all IP laws

Minister announce Productivity Commission to review Australia’s IP laws

Dallas Buyers’ Club: no sale (yet)

Perram J has refused to allow Dallas Buyers Club LLC to send out its proposed letters of demand to the account holders identified through its preliminary discovery application.

Program formats and copyright

Channel 7 has lost its bid to get an interlocutory injunction against Channel 9’s show Hotplate on the basis of My Kitchen Rules.

Innovation patent consultation on the consultation

IP Australia issues consultation paper on ACIP’s report into the innovation patent system

WIPO patent studies

WIPO has published 2 studies on inventive step and sufficiency of disclosure in patent laws.

Sir Walter …

Yates J has upheld the Registrar’s refusal to register SIR WALTER for buffalo grass in class 31 on the grounds it lacked any capacity to distinguish and was not in fact distinctive.

Are innovation patents going?

ACIP now recommends abolition of the innovation patent system

Of flat nosed syringes or if at first you don’t succeed

Having had the interlocutory injunction he granted overturned on appeal, Rares J has now determined at the substantive trial that both of Glaxo’s syringe variants infringed Reckitt Benkiser’s “flat-nosed syringe” patent.

Interlocutory Injunction to transfer domain name

Nicholas J has granted Thomas International an interlocutory injunction ordering Humantech to transfer the domain names, thomasinternational.com.au and thomas.co.za, to Thomas International. Thomas International had to give the usual undertakings and, as a foreign corporation, provide security for costs.