IPwars.com

Mainly intellectual property (IP) issues Down Under

Rosuvastatin goes to the High Court

The High Court has allowed special leave to appeal from the Full Federal Court’s decision in AstraZeneca v Apotex (“Rosuvastatin”).

What conduct makes novelty destroying information publicly available

The Full Court has clarified what the prior use must disclose for it to be novelty destroying under the Patents Act 1990

Springboard injunctions and patents

Beach J accepted that springboard injunctions are available for patent infringement, but refused the grant on the facts.

Three strikes in Australia

Communications Australia has released a draft Industry Code introducing 3 strikes (and a preliminary discovery application) into Australia

ACCC loses antitrust case against Pfizer

Flick J rules that Pfizer did not breach antitrust rules by trying to maintain sales of Lipitor after it came off patent.

IP Australia consults on red tape streamlining and costing

P Australia has issued consultation papers on removing red tape and other streamlining options

High Court to review patenting of isolated genes in Australia

High Court grant special leave to determine patentability of Myriad’s BRCA patents.

Regency still loses its MPEG appeal

Although it rejected the primary judge’s interpretation of s145 of the Patents Act 1990, the Full Court has nonetheless dismissed Regency’s appeal seeking to terminate its licence of MPEG patents. In 2009, Regency took a licence of a bundle of patents from the MPEG patent pool so that it could make, amongst other things, DVD and Blu-Ray players. All the patents were necessary to make MPEG–2 compliant equipment, but they related to different.. Read More

Online copyright infringement reforms announced

Government gives industry last chance to agree industry code before imposing one and will introduce injunctions to block access to 3rd party websites

Coke v Pepsi – “second” look

Last week, Besanko J dismissed Coca-Cola Co’s claims that PepsiCo’s “Carolina” bottle shape infringed Coke’s trade marks, and was passing off and misleading or deceptive conduct.