According to the traditional view, recently applied by Rares J, there would be no infringement in Australia in the circumstances outlined.
Selected links from last week
A selection of the links I found interesting over the last couple of weeks
Here is a selection of links to IP-related matters I found interesting last week
In case you missed the: A selection of links I found interesting last week
In partly allowing Glaxo’s appeal, the Full Court (Allsop CJ, Yates and Robertson JJ) has ruled against an expansive interpretation of omnibus claims.
The Commerce Select committee of the NZ Parliament has recommended that NZ should continue with the proposed Single Application and Examination Processes for patent applications in both Australia and NZ. The committee, however, did support continuing with the single trans-Tasman patent attorney regime.
Beach J has ruled that there is no warrant for interpreting “basket” in GSK’s patent to mean “cylinder”, with the consequence that the patent was neither infringed, nor invalid.
The High Court has also refused RPL Central special leave to appeal from the Full Court’s rejection of its attempt to patent a method and system for Automated Collection of Evidence of Skills and Knowledge.
The High Court has refused Sanofi and Wyeth special leave to appeal the Commonwealth’s claims on the clopidogrel undertaking as to damages.