Monthly Archive for: ‘June, 2011’

Court says case too complex for summary judgment

A recent decision of the Federal Court has emphasised the difficulty associated with seeking summary judgment in patent matters, where issues of invalidity are often complex and require expert evidence.  In such circumstances, it is very difficult to show that the opposing party has no reasonable prospects of success. 

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Ten Famous Intellectual Property Disputes

We’ve posted on some of them already, but check out the list of Read More

US moves closer to Australia on assignment of employee inventions:Bayh-Dole no saviour for government-funded research institutes

In the US, the Bayh-Dole Act of 1980 (“Act”) is considered by some to be the most “inspired” legislative enactment of the 20th century.  The provisions of the Act are few and (seemingly) straightforward.  Contractors — universities, national laboratories, teaching hospitals and the like — that enter into a research funding agreement with a US federal government agency are granted a right to ownership of any invention that is created in the course of the funded research.  In re

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Australia and New Zealand move closer to joint regulation of medicines and medical devices

On Monday, the Prime Minister Julia Gillard, and her New Zealand counterpart John Key, announced that both countries had signed a statement of intent to create a joint authority to regulate medicines and medical devices in both countries.

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No extension for a deliberate decision

In Carol Almond-Martin v Novo Nordisk Health Care AG [2011] APO 42, the latest section 223 extension of time decision, the Patent Office refused to grant an extension of time of one month because it was unable to identify any error or omission or circumstances beyond the control of the person concerned.

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NEWS FLASH: Bill to radically alter Australian patent laws introduced to Senate

Further to our post on 15 March 2011, the Property Laws Amendment (Raising The Bar) Bill 2011 was introduced to the Senate late last week for consideration and debate.  This is the first step in the process of the Bill becoming law.  The Bill proposes to make a number of significant amendments to the Patents Act 1990, Trade Marks Act 1995, Designs Act 2003 and Plant Breeders Rights Act 1994, with the amendments intended to encourage innova

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Victory for MGA in Battle over Bratz

No it’s not an acrimonious custody dispute between parents – but the long-running battle between toy behemoth Mattel and rival MGA Entertainment over the successful Bratz fashion dolls has culminated in a decisive victory for MGA.

The story so far

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Everybody gets an internet domain!

In an earlier post on the Whiteboard, we reported a proposal made at the Internet Corporation for Assigned Names and Numbers (ICANN, the body that operates the internet domain name system) called the New gTLD program, which would substantially expand the number of general Top-Level Domains (gTLDs) from the current 22, which includes such familiar domains as .com, .org and .net.  This would potentially allow entities to create such domain names as <empire.newyork>, <h

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Ding ding ding…is the fight over for BMW Plastics?

In what is seeming like the never ending fight over a dip tube patent, the Federal Court has handed another win to VIP Plastic Packaging in its long running dispute with BMW Plastics regarding a patent for a “variable-length dip tube for a fluid transfer container”.  One wonders if this latest ruling is the knock-out that VIP Plastic Packaging needed to end the fight once and for all. 

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