Apple and Samsung in the High Court 3

As is well known by now, the High Court dismissed Apple’s application for special leave to appeal from the Full Federal Court’s dissolution of the interlocutory injunction against the Samsung Galaxy Tab 10.1. This means that Samsung can legitimately offer the Galaxy Tab 10.1 for sale in Australia pending trial and subject to an undertaking […]

ISPs and filtering

While we wait with bated breath for the High Court’s deliberations on Roadshow v iiNet (transcript of hearing here, here and here), it is worth noting that the CJEU (formerly the ECJ) has struck down an injunction against an ISP which required the ISP to monitor all its users’ traffic and filter (block) copyright infringing […]

Apple v Samsung in the High Court 2

Apple’s application for special leave to appeal from the Full Federal Court’s decision to discharge the interlocutory injunction granted by Bennett J will be heard on Friday, 9 December 2011 in Sydney. In granting the stay on the Full Federal Court’s orders, Heydon J pointed out that the fact that 2 experienced patent judges had […]

Samsung gets Oz injunction discharged

The Full Federal Court (Dowsett, Foster and Yates JJ) has allowed Samsung’s appeal from Bennett J’s decision and discharged the interlocutory injunctions against the Galaxy Tab 10.1. On a first read, it looks like a “close run” thing. It also appears the grant of (interlocutory) injunctions for patent infringement in Australia may well be increasingly […]

Apple v Samsung

Belated link to Bennett J’s reasons for granting the interlocutory injunction against Samsung’s Galaxy Tab: Apple Inc. v Samsung Electronics Co. Limited [2011] FCA 1164 It has now been reported that Samsung has appealed, with Gerry Harvey in support. Samsung is also reported to be bringing claims of patent infringement against Australia and Japan, although […]

How wide should an injunction be?

Having granted summary judgment against Paul’s Retail for infringement of a range of fashion brands trade marks and copyright, Kenny J has now made orders for the remedies flowing from the infringements. One point of general interest was the dispute about the scope of the injunctions. Her Honour accepted that injunctions were a conventional remedy […]

How wide should injunctions be

Following on from his ruling that Idameneo’s use of its trade mark breached its contractual obligation not to use a trade mark capable of being confused with Symbion’s trade mark, Jessup J has granted an injunction: The Respondent be permanently restrained, whether by itself or through its subsidiaries from using the Respondent’s Mark. Three aspects […]

The penalty for contempt

Previously, I had noted that the remedy for breaching an injunction is proceedings for contempt of court. Tracey J, having found various respondents in contempt arising from breaches of injunctions made in 2004 not to infringe Ugg Australia’s copyright and trade marks in connection with the manufacture and sale of ugg boots, has now handed […]