IP Australia has released draft legislation for the proposed Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) Bill 2018 including more changes to inventive step, an objects clause and phasing out the innovation patent.
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”.
A statistical survey of patent litigation in the Federal Court of Australia
ESCO has won its appeal from the ruling that its patent lacked utility because the claims did not fulfill all promised advantages. The Patent ESCO’s patent relates to a wear assembly for securing a wear member to excavating equipment. Think of it as a way of attaching “teeth” to an excavating bucket and for a design of the “teeth” themselves. There are 26 claims. Claim 1 (and its dependent claims).. Read More
In addition to clarifying infringement of method claims, the Full Court in Warner-Lambert (PregablinI also dismissed Apotex’ appeal against the findings that the Patent was fairly based and not invalidated by a false suggestion.
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.
Part 1 of my article on the Productivity Commission’s Final Report on Intellectual Property Arrangements has been belatedly published in the Australian Intellectual Property Law Bulletin: (2018) Vol. 30 No. 10 p. 210.
Perram J has granted orders preserving the confidentiality of contractual arrangements in digital mobile telephony, limited for 3 years.
First round of legislation to implement the Productivity Commission’s recommendations released for comment
Patents involving medical devices, the technical problem and injunctions against innovators; intermediary copyright liability