Mainly intellectual property (IP) issues Down Under

Was the patent infringed?

Has R Pty Ltd infringed A’s patent?

Selected links from the last week

A selection of links to IP-related matters I found interesting this week

Another Infringed Innovation Patent And A Delivery Up Question

Product Management Group (PMG) has lost its appeal from Middleton J’s finding that it infringed Blue Gentian’s innovation patents for a self extending/collapsing garden hose. The appeal seems like a fairly straightforward application of construction principles and demonstrates, yet again, how slender an innovation need be to secure a monopoly for eight years. There may, however, be a question for the future whether or not the “substantial contribution” to the.. Read More

Alphapharm v Lundbeck per se

The Full Federal Court has held that the (+) enantiomer of citalopram is itself a pharmaceutical substance per se and so eligible for term extension

Productivity Commission to review all IP laws

Minister announce Productivity Commission to review Australia’s IP laws

Innovation patent consultation on the consultation

IP Australia issues consultation paper on ACIP’s report into the innovation patent system

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 ….