IPwars.com

Mainly intellectual property (IP) issues Down Under

A Basket Is Still Not A Cylinder

Glaxo has lost its appeal against Beach J’s ruling that Apotex and Generic Partners did not infringe its sustained release paracetamol patent because the mistaken reference to “basket” could not be interpreted as “cylinder”.

Intellectual Property Laws Amendment Bill 2017 – exposure draft

An exposure draft of legislation to rationalise, simplify and de-anomalies Australia’s IP laws. And some other things.

Servier best method & amendment

Servier has lost what may be its last round[1] in the arginine perindopril litigation against Apotex. Servier began the litigation back in 2007. Ultimately, it lost with its patent being found invalid on the ground that Servier had failed to disclose the best method of performing the invention. After that ruling, Servier applied to amend its patent to include the best method. Its application failed on discretionary grounds. Now, we.. Read More

Refusing a lapsed patent application and other powers of the Commissioner

The Commissioner can refuse a patent application capable of restoration, require a response within 2 months and direct a hearing of her own motion

IPSANZ and patent amendments

One of the interesting sessions at the IPSANZ conference was David Catterns QC and the 2 Gregs talking about amending patent specifications – before and after grant. I certainly wouldn’t disagree with the view that, all other things being equal, you should amend before litigation rather than during (although how often are all other things equal, especially for patents in multiple jurisdictions). Australian law, at least insofar as it concerns amendments.. Read More

Who can enforce a release

Global Brands is still suing YD Pty Ltd. The trial on quantum for infringement of registered design was almost due to start when YD applied to amend. After YD admitted it had infringed Global Brands’ registered design, YD discovered, over 9 months earlier, that Global Brands had entered into a settlement agreement with Pegasus/Coastal relating to Global Brands allegations that Pegasus/Coastal had infringed the same registered design. The settlement agreement.. Read More

University of WA v Gray (No. 24)

What do you do if you have an appeal on foot, but the other side starts selling off the subject matter of the dispute? Now that French J has gone on to loftier planes, Siopis J has inherited this behemmoth. In the principal proceedings, the University had sued Dr Gray claiming (in very broad terms) that he had invented some very successful the micro sphere technologies while an employee with.. Read More

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