Phillip Morris sues Australia!

Phillip Morris has announced that it plans to sue Australia under the Australia-Hong Kong (SA) Bilateral Investment Treaty over the planned plain packaging legislation. What the Government is proposing to do Under the proposed Tobacco Plain Packaging Bill 2011, tobacco companies would be required to adopt a prescribed form of packaging for tobacco products. In […]

How much to pay for an infringement

Over at the Fortnightly Review, Ass. Pro. David Brennan takes issue with the economists who argued that Larrikin should not have been paid any damages for the Kookaburra infringements. The economists’ argument seems to have been that Larrikin didn’t lose any sales as a result of Men at Works’ infringements and so suffered no loss. […]

Will unsuccessful opponents be estopped?

As noted previously, the “Raising the Bar” bill aims to change the standard of proof required for acceptance of a patent application and for successful opposition from the prevailing “practically certain” or “clear” standard to a balance of probabilities. Currently, an unsuccessful opponent is not estopped from bringing revocation proceedings, largely because of the difference in […]

The Raising the Bar Bill

Senator Carr introduced the Intellectual Property Laws (Raising the Bar) Bill 2011 into Parliament today. Press release Download the text of the Bill and EM from here (choose your own format). You will remember that (according to the Press Release) the main objects of the Bill include: raising patent standards to ensure Australian innovators are […]

A problem of expert evidence

VIP Plastics has successfully sued BMW Plastics for infringing its patent for a “Variable-length Dip Tube for a Fluid Transfer Container”. The most interesting point to emerge is why the expert evidence on one side prevailed and, on the other, failed – even so far as being rejected as inadmissible. How the battle was won As […]

ICANN approves ‘historic’ new gTLD regime

ICANN’s board meeting in Singapore today voted to launch new top level generic names: apparently 13 voted for, 1 opposed and 2 abstained. Currently, gTLDs there is a closed system, confined to 22 different types such as .com, .info, .biz etc. Under the new plan, there won’t be any limits on what can be the […]

iTunes Match and making Prof. Lessig’s case

Recap: Prof. Lessig’s argument. You will remember that Michael Speck from Music Industry Piracy Investigations was outraged by Apple’s pending iTunes Match service and, in particular, the part where the service would in your iCloud account copies of music on your hard drive which had not been bought through iTunes. At the time, it wasn’t […]

Microsoft v i4i – US Supreme Court decides

Microsoft has lost its appeal to the US Supreme Court. Microsoft had argued it should have to prove its claim that i4i’s patent was invalid by “a preponderance of the evidence”. Under the US Patent Act, however, a patent having been granted after examination by the Commissioner is “presumed valid”. The US Supreme Court has […]