Mainly intellectual property (IP) issues Down Under

Section 155 notices

Reeves J has sentenced Davies to 200 hours community service for non-compliance with a s 155 notice under the Competition and Consumer Act 2010

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.

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.

Commonwealth seeks $60 million on the undertaking as to damages

Sanofi sued Apotex (then known as GenRx) for infringement of its “clopidogrel patent”. It obtained interlocutory injunctions against Apotex against the sale of Apotex’ product and preventing Apotex from applying to list its product under the Pharmaceutical Benefits scheme (PBS). As a condition of the grant of those interlocutory injunctions, Sanofi gave the “usual undertaking as to damages”: “(a)          submit to such order (if any) as the Court may consider to.. Read More

Dallas Buyers Club sues to identify internet subscribers

Dallas Buyers Club LLC seeks preliminary discovery to identify alleged unauthorised downloaders of the film

Computer Hacking and “property”

Downloading data from a computer system is not obtaining property

$150,001 damages for infringing compatibility chart

Tonnex was found to have infringed Dynamic’s copyright in its printer cartridge compatability chart. That finding was upheld on appeal. Now, Yates J has ordered Tonnex to pay Dynamic $150,001.00 in damages. The damages are comprised of compensatory damages under s115(2) of $1.00 and $150,000 by way of additional damages under s115(4).

On the problems of descriptive names

The Full Federal Court has dismissed Kosciuszko Thredbo’s appeal from the dismissal of its claims against ThredboNet.

More contempts

Besanko J has imposed fines ranging from $25,000 to $2,000 on Bob Jane and his companies for contempt of TM infringement injunctions

2 years gaol for contempt

The Full Federal Court has reduced Mr Vaysman’s punishment for contempt from 3 years to 2 years imprisonment for repeatedly breaching injunctions not to infringe trade mark and copyright.