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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”.

EIFY: terms of use

Clickwrap terms held enforceable, but no compensable loss for breach

Omnibus claims: substantially the same

In partly allowing Glaxo’s appeal, the Full Court (Allsop CJ, Yates and Robertson JJ) has ruled against an expansive interpretation of omnibus claims.

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