IPwars.com

Mainly intellectual property (IP) issues Down Under

Australian Intellectual Property Report 2015

IP Australia has released the Australian Intellectual Property Report 2015, with statistics on IP filings and grants and trends.

Springboard injunctions and patents

Beach J accepted that springboard injunctions are available for patent infringement, but refused the grant on the facts.

ACCC loses antitrust case against Pfizer

Flick J rules that Pfizer did not breach antitrust rules by trying to maintain sales of Lipitor after it came off patent.

The statutory right to terminate a patent licence

MPEG LA licensed 3 groups of patents to Regency Media for the production of dvdd. After some, but not all, expired, Regency sought to exercise its rights under s 145 of the Patents Act 1990 to terminate ….

Securities over IP

Transition period to register security interest claims over IP expires on 31 January 2014

Summer must be over …

IP Australia has released a consultation paper, with draft exposure legislation, for an Intellectual Property Laws Amendment Bill 2014. Comments by 7 Feb 2014.

Apotex v Sanofi

The High Court has upheld the patentability of methods of medical treatment.

Patentable subject matter reform

IP Australia has issued an Issues Paper on the proposed amendments to the Patents Act: (1) to insert an “objects” clause; and (2) to exclude from patentable subject matter inventions which it would be “offensive” to commercially exploit. These plans arise out of a recommendations made by ACIP which the Government announced it accepted. The consultation now is on the wording to implement those policies. An objects clause The consultation.. Read More

Apple and that ITC ban

Well written piece in The New Yorker outlining the role of the US International Trade Commission in patent disputes and President Obama’s veto of the ITC’s order to block imports of “older” Apple products. Mind you, make sure you are not eating your cornflakes over breakfast or sipping your decaf skinny latte when you get to the paragraph: Samsung’s lawyers may take their talents to Seoul, Tokyo, London, or other venues.. Read More

Myriad wins Down Under

Nicholas J has ruled that Myriad’s patent for isolated gene sequences relating to BRCA1 are patentable subject matter for the purposes of Australia’s Patents Act 1990. Claim 1 of the Patent (No. 686004 entitled “In vivo mutations and polymorphisms in the 17q-linked breast and ovarian cancer susceptibility gene”) is for: An isolated nucleic acid coding for a mutant or polymorphic BRCA1 polypeptide, said nucleic acid containing in comparison to the BRCA1 polypeptide.. Read More