Foster J has ruled that Bitech’s patent for an apparatus that simulates log flames or coal fire in electric or gas fired domestic room heaters is valid, but not infringed. An essential feature of the patent was that the simulated flames resulted from reflected light, however, the alleged infringements used directly projected light, not reflected light and consequently did not infringe. The novelty attack failed because the relevant prior art did not possess.. Read More
IP Australia has published a second round of consultation paper (pdf) on its proposals for reform of intellectual property laws and procedures in Australia. Topics covered include: Getting the Balance Right Exemptions to Patent Infringement Resolving patent opposition proceedings faster Resolving trade mark opposition proceedings faster Resolving divisional applications faster Getting the Balance Right Exemptions to Patent Infringement Resolving patent opposition proceedings faster Resolving trade mark opposition proceedings faster Resolving divisional applications faster.. Read More
iPhone J.D. reviews an intriguing development: a standard from Non-disclosure Agreement “app” for your iPhone – iNDA. The developer told iPhone J.D.: “People often have informal meeting where they would like to discuss ideas with colleagues, friends, or prospective employees. We want to promote these meetings by giving people legal protection available to them at all times.” STOP LAUGHING, this is fascinating: The discloser actually signs the document with his or her finger.. Read More
Lindgren J has ordered that the owners of the WILD TURKEY trade mark (which those of you who drink bourbon may be familiar with) provide security for costs before they can pursue their Federal Court application to have WILD GEESE removed from the Register of Trade Marks. Lindgren J accepted that the owners, members of the international Pernod Ricard or Davide Campari groups, would have sufficient funds to satisfy an order of costs.. Read More
Greenpeace’s attempts to have “stem cell” patents of Oliver Brüstle revoked moves to the European Court of Justice: The Budnesgerichtshof (German Federal Supreme Court) has referred to the ECJ several questions about the patentability of the use of stem cells to treat various neural diseases. IPKat has details here, summarising the issues as : The ECJ will now have to rule on the interpretation of “human embryo” in the sense of art. 6.. Read More
The UK Court of Criminal Appeal has dismissed an appeal against a criminal conviction for selling modchips to enable Sony Playstations, Nintendo and Microsoft to play counterfeit games. The 1709 [delete mouthfull of title] blog has a detailed report. Those of us living in the autochthonous realm hidden away in the summer sun may find some interest in the reasons why the playing of the (counterfeit) games would result in a reproduction of.. Read More
Michael Geist has a link to the leaked EU comments on the chapter for third party liability on the internet – being drafted by the USA. The Guardian has weighed into the debate. Kim Weatherall has emerged from her self-imposed seclusion to comment here, here and here. DFAT’s must recent summary and overview of key elements. Anondyne USTR statement.
The Australian Government has announced today that it will not be changing the limitations in the Copyright Act on the parallel importation of books. According to the Press Release: Australian book printing and publishing is under strong competitive pressure from international online booksellers such as Amazon and The Book Depository and the Government has formed the view that that this pressure is likely to intensify. In addition, the technology of electronic books (e-books).. Read More
Patently-O has extracts from and links to transcripts of the oral argument before the US Supreme Court and some informed reportage. Also, make sure you read Prof. John Duffy’s rebuttal of the charge that the Federal Circuit’s decision in State Street “opening the floodgates” to business method patents is a case of judicial activisim gone wild. Then ask yourself, would the world really be a better place if we all adopted the European.. Read More
Kraft’s attempt to extend the Vegemite range has been attracting attention around the world. Neil Wilkof considers what the impact from a trade mark or branding perspective was.