ESCO’s patent did not make a composite promise and so is not invalid afterall

ESCO has won its appeal from the ruling that its patent lacked utility because the claims did not fulfill all promised advantages. The Patent ESCO’s patent relates to a wear assembly for securing a wear member to excavating equipment. Think of it as a way of attaching “teeth” to an excavating bucket and for a […]

Bohemia Crystal shattered

Like MICHIGAN for farm equipment and OXFORD for books, Burley J has ordered that Bohemia Crystal’s trade marks, BOHEMIA and BOHEMIA CRYSTAL be revoked because they are not distinctive of “glassware”.

Enforcing foreign judgments – consultations

The Commonwealth government is consulting about a draft treaty on the enforcement of foreign judgments including whether and how IP judgments should be included

Pregabalin 2 – the invalidity appeal

In addition to clarifying infringement of method claims, the Full Court in Warner-Lambert (PregablinI also dismissed Apotex’ appeal against the findings that the Patent was fairly based and not invalidated by a false suggestion.

How you infringe a Swiss claim in Australia

The Full Court has upheld Nicholas J’s ruling that Apotex infringed the Swiss claims in Warner-Lambert’s pregabalin patent by making the product outside Australia and then threatening to import it into Australia for sale.

Copyright modernisation downunder – a consultation paper

The Australian government has issued a consultation paper on copyright modernisation addressing fair use or fair dealing, contracting out and orphan works

Feedspot’s Top 25 Australian Law blogs

IPwars included in Feedspot’s Top 25 Australian law blogs and websites for Australian lawyers.

Productivity Commission intellectual property arrangements

Part 1 of my article on the Productivity Commission’s Final Report on Intellectual Property Arrangements has been belatedly published in the Australian Intellectual Property Law Bulletin: (2018) Vol. 30 No. 10 p. 210.

Third Party Blocking Injunctions Review

Government consultation of injunctions against ISPs to block access to infringing websites

Pokemon v Redbubble: the DMCA doesn’t apply Down Under

Pagone J has awarded Pokémon $1 in damages and 70% of its costs from Redbubble for misleading or deceptive conduct and copyright infringement. An interesting aspect of the case is that Redbubble’s implementation of a notice and take down scheme under the DMCA didn’t save it from liability, but did influence the ruling on remedies.

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