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Mainly intellectual property (IP) issues Down Under

RPL Central also refused special leave

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.

Commonwealth can still sue on the undertaking as to damages

The High Court has refused Sanofi and Wyeth special leave to appeal the Commonwealth’s claims on the clopidogrel undertaking as to damages.

Productivity Commission reports on IP (in draft)

The Productivity Commission has released its draft report into Australia’s Intellectual Property Arrangements.

Servier best method & amendment

Servier has lost what may be its last round[1] in the arginine perindopril litigation against Apotex. Servier began the litigation back in 2007. Ultimately, it lost with its patent being found invalid on the ground that Servier had failed to disclose the best method of performing the invention. After that ruling, Servier applied to amend its patent to include the best method. Its application failed on discretionary grounds. Now, we.. Read More

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.