The Full Court has partially allowed Tamawood’s appeal, and denied Habitare’s appeal from Collier J’s findings about copyright infringement.
The Full Federal Court has allowed the Commissioner of Taxation’s appeal from Pagone J’s ruling allowing SPI Powernet a deduction for the value of its copyright in the plans, drawings and manuals for its electricity power generation network.
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
IP Australia has released the Australian Intellectual Property Report 2015, with statistics on IP filings and grants and trends.
The High Court has allowed special leave to appeal from the Full Federal Court’s decision in AstraZeneca v Apotex (“Rosuvastatin”).
Beach J accepted that springboard injunctions are available for patent infringement, but refused the grant on the facts.
Communications Australia has released a draft Industry Code introducing 3 strikes (and a preliminary discovery application) into Australia
Flick J rules that Pfizer did not breach antitrust rules by trying to maintain sales of Lipitor after it came off patent.
High Court grant special leave to determine patentability of Myriad’s BRCA patents.
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