IPwars.com

Mainly intellectual property (IP) issues Down Under

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 be just for.. 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.

Winnebago 2: the disclaimer

The Full Court has now ruled on the form of the disclaimers required to avoid injunctions against use of the Winnebago trade marks.

Dosing up children, overturning interlocutory injunctions and the balance of convenience

Remember way back at the start of the Apple v Samsung litigation the Full Court dissolved the interlocutory injunction granted to Apple? Well, they did it again earlier this month in GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Limited. Full Court overturns interlocutory injunction for alleged patent infringement for child-safe syringe.

Apple and that ITC ban

Well written piece in The New Yorker outlining the role of the US International Trade Commission in patent disputes and President Obama’s veto of the ITC’s order to block imports of “older” Apple products. Mind you, make sure you are not eating your cornflakes over breakfast or sipping your decaf skinny latte when you get to the paragraph: Samsung’s lawyers may take their talents to Seoul, Tokyo, London, or other venues in which home-court.. Read More