IPwars.com

Mainly intellectual property (IP) issues Down Under

War

A barrister practising mainly in Australian patents, trade marks, copyright and other IP law; lecturer and contributing author to LexisNexis' Copyright & Designs and Patents looseleaf services

Staying arbitration: Kraft, Bega, Warner Bros and Mad Max

In the face of misleading and deceptive conduct litigation in Australia, O’Callaghan J has granted injunctions restraining Kraft from pursuing its arbitration claims in New York against Bega’s sale and promotion of Bega Peanut Butter in what Kraft alleges is misleading or deceptive get-up.

IP Laws Amendment ( Productivity Commission Response Pt 1 etc) Bill 2018

The Senate Economics Committee requires submissions on the (intellectual property) Productivity Commission Response Pt 1 bill to be submitted by 1 June 2018

Patent cases in the Federal Court

A statistical survey of patent litigation in the Federal Court of Australia

New Twist In Website Blocking Injunctions

Nicholas J has granted further injunctions under s 115A against the telcos / ISPs to block access to websites related to HD Subs+.

ESCO’s patent did not make a composite promise and so is not invalid afterall

ESCO has won its appeal from the ruling that its patent lacked utility because the claims did not fulfill all promised advantages. The Patent ESCO’s patent relates to a wear assembly for securing a wear member to excavating equipment. Think of it as a way of attaching “teeth” to an excavating bucket and for a design of the “teeth” themselves. There are 26 claims. Claim 1 (and its dependent claims)[1].. Read More

Amsterdam in July?

Two possible reasons to visit Amsterdam in July: copyright and privacy law courses at the University of Amsterdam’s Institute for Information Law.

The Hague Agreement: a cost benefit analysis

IP Australia’s preliminary conclusion is that joing the Hague Agreement for the registration of designs will cost Australian consumers a lot more than Australian designers will benefit

Bohemia Crystal shattered

Like MICHIGAN for farm equipment and OXFORD for books, Burley J has ordered that Bohemia Crystal’s trade marks, BOHEMIA and BOHEMIA CRYSTAL be revoked because they are not distinctive of “glassware”.

Enforcing foreign judgments – consultations

The Commonwealth government is consulting about a draft treaty on the enforcement of foreign judgments including whether and how IP judgments should be included

Pregabalin 2 – the invalidity appeal

In addition to clarifying infringement of method claims, the Full Court in Warner-Lambert (PregablinI also dismissed Apotex’ appeal against the findings that the Patent was fairly based and not invalidated by a false suggestion.

%d bloggers like this: