IPwars.com

Mainly intellectual property (IP) issues Down Under

Science Fiction

Noted science fiction author, Kim Stanley Robinson, imagines a future oral argument trying to patent something in light of recent (US) judicial attempts to clarify business method patenting. Imagine what fun he could have in an imaginary place far far away! Lid dip: PatentlyO In the meantime, IPwars is also heading far far way for the holidays. Thank you for reading. Season greetings! Wishing you a happy, safe and prosperous.. Read More

IP Australia’s Myriad Guidelines

IP Australia has published its guidelines for examining whether a patent application claims a manner of manufacture under s 18(1)(a) and (1A)(a) in light of the High Court’s ruling in D’Arcy v Myriad. According to the guidelines, Examiners will find it useful to ask: What is the substance of the claim (not merely its form)? Has the substance of the claim been “made” or changed by man, or is “artificial”?.. Read More

Commonwealth can sue on the undertaking as to damages

The Full Court (Dowsett, Kenny and Nicholas JJ) has upheld the Commonwealth’s power to sue for damages on the undertaking as to damages given by Sanofi and Wyeth when obtaining interlocutory injunctions against generic suppliers.

IP Australia consults on patenting genetic material post Myriad

Following the High Court’s ruling that Myriad’s claims for isolated DNA relating to BRCA1 were not patentable subject matter, IP Australia has released a “consultation” on how it proposes to treat patent applications claiming genetic material.

Myriad’s BRCA1 claims – take 2

A closer look at the High Court’s ruling in D’Arcy v Myriad

AstraZeneca goes down

The High Court has dismissed Astrazeneca’s appeal against the finding that its rosuvastatin patent was obvious.

Abilify interlocutory injunction continues pending appeal

Nicholas J stays dissolution of interlocutory injunction pending Otsuka’s appeal from invalidity of aripiprazole patent judgment. Commonwealth gets security for undertaking as to damages.

WIPO patent studies

WIPO has published 2 studies on inventive step and sufficiency of disclosure in patent laws.

Are innovation patents going?

ACIP now recommends abolition of the innovation patent system

Of flat nosed syringes or if at first you don’t succeed

Having had the interlocutory injunction he granted overturned on appeal, Rares J has now determined at the substantive trial that both of Glaxo’s syringe variants infringed Reckitt Benkiser’s “flat-nosed syringe” patent.