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Mainly intellectual property (IP) issues Down Under

Gene patents invalid in USA

District Court Judge Robert Sweet has ruled that Myriad’s patents for the BRCA1 and 2 isolated gene sequences are invalid on the grounds that isolation of the “pure” form of the gene is insufficient to confer patentability. The New York Times has a lengthy report. Patently-O summarises, with a link to the 152 page judgment. Prof. Crouch goes on to note that the reasoning effectively invalidate almost all gene patents but expresses the.. Read More

Google’s sale of ‘trademarked’ keywords does not infringe in EU

The European Court of Justice has ruled that the sale of ‘trademarked’ terms by Google as keyword triggers of advertising: From IPKat reports. According to the IPKat, the rulings themselves: 1. Article 5(1)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks and Article 9(1)(a) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark must.. Read More

The oldest Australian film

Last week, various news agencies carried reports about a showing of Australia’s oldest, or oldest surviving, film – Patineur Grotesque. The story, with links to the video, at the ABC, the Age and the SMH. The curator’s clip and notes at Australian Screen. It was made by Marius Sestier, on a mission from the Lumiere brothers, in 1896; but apparently not shown in Australia (for risk of defamation?). Wikipedia lists it as one.. Read More

Amazon’s 1-click in the Euro-space

Following this week’s developments in the USA, Amazon’s “1-click” patent is also in the news in Europe. The EPO’s Board of Appeal has confirmed a finding of invalidity, on grounds of obviousness, for the original claims, but has remitted the heavily amended version of the claims for reconsideration. IP:Jur has the report. Lid dip: PriorSmart

Kit Kat shape trade mark

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Nestlé has successfully appealed Aldi’s opposition to registration of a 4 bar Kit Kat as a trade mark: Societe Des Produits Nestle S.A. v Aldi Stores (A Limited Partnership) [2010] FCA 218 The trade mark is TM No. 822780 for this: The endorsement reads: The trade mark consists of the shape of the goods, being four bars attached to one another by a thin base as depicted in the representations attached to the.. Read More

Amazon’s 1-click patent survives re-examination

Patently-O reports that Amazon’s 1-click patent has survived re-examination in the USA before the USPTO. It would appear that the application was amended to tie the claims to use of a shopping cart: The approved-of amendment adds the seeming trivial limitation that the one-click system operates as part of a “shopping cart model.” …. Because most retail eCommerce sites still use the shopping cart model, the added limitation appears to have no practical.. Read More

Luscious Lips confectionary

Sundberg J has dismissed Nature’s Blend’s action against Nestlé for infringement of its LUSCIOUS LIPS trade mark, passing off and misleading or deceptive conduct by selling Allens RETRO PARTY MIX. Nature’s Blend, which was principally a supplier of veterinary products registered LUSCIOUS LIPS in respect of confectionery. Initially, at least, it gave chocolates away branded with the trade mark and a device to promote its business. Around the same time as Nature’s Blend began.. Read More

Levying execution against a domain name

The US Ninth Circuit Court of Appeals has upheld a district court ruling in which a creditor of John Zuccarini successfully levied execution against a domain name held in Mr  Zuccarini’s name. Mr Zuccarini, sometimes known as Cupcake Patrol and other “colourful” noms de plume, may be familiar to those of you around in the “old” days of the UDRP from the frequency in which he appeared as a respondent. Venkat, in a.. Read More