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.
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.
Aldi’s Moroccan Argan Oil lookalikes don’t infringe MIL’s trade marks or pass off, but made misleading performance claims and to be natural
An architect has obtained a Mareva injunction from the Federal Circuit Court to secure payment for his copyright work.
In which Eminem Esq is compared to Eminem – in Enzed
CLIPSO trade mark is expunged in the face of CLIPSAL in a segmented market
According to the traditional view, recently applied by Rares J, there would be no infringement in Australia in the circumstances outlined.
Nicholas J has ruled that by selling its Razor fan Martec has infringed Hunter Pacific’s registered design for a ceiling fan hub, ADR No. 340171.
Beach J has ruled that there is no warrant for interpreting “basket” in GSK’s patent to mean “cylinder”, with the consequence that the patent was neither infringed, nor invalid.
An authorised user can sue for infringement without waiting for the registered owner’s failure to sue first.