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4 Jul 2011, 3:48 am
Patentology has a nice summary of the innovation patentee’s successful appeal in Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83. [read post]
22 Feb 2021, 4:24 pm
On 9 February 2021, in a groundbreaking judgment in the case of Mineral Sands Resources (Pty) Ltd v Reddell [2021] ZAWCHC 22, Deputy Judge President Patricia Goliath of the Western Cape High Court recognised that defendants may in principle raise a SLAPP defence in defamation cases. [read post]
11 Nov 2011, 5:18 am
Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2011] FCAFC 132 (28 October 2011) Appeal from: Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth Australia Pty Ltd [2010] FCA 1211 See also: Australian Federal Court Blocks Generic EFFEXOR-XR Validity – ‘external’ fair basis – whether claims entitled to priority date of original US application – whether claims are novel Generic pharmaceutical manufacturers Sigma… [read post]
17 Feb 2021, 6:16 am
Decisions of intermediate courts of appeal such as Global Partners Fund Ltd v Babcock & Brown Ltd (in liq) & Ors (2010) 79 ACSR 383 at 402-403, [88]-[89], Australian Health & Nutrition Association Ltd & Anor v Hive Marketing Group Pty Ltd & Anor (2019) 99 NSWLR 419 at 438, [78], Venter v Ilona MY Ltd [2012] NSWSC 1029. [2] Incitec Ltd v Alkimos Shipping Corp (2004) 138 FCR 496 at 506 and Australian Health &… [read post]
10 Apr 2008, 9:19 pm
In a partial rehearing of its passing off action against Darrell Lea, Cadbury has failed to stop Darrell Lea from using the colour purple.[ Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 8) [2008] FCA 470] Even though certain expert evidence had to be heard, the trial judge thought the evidence made no difference and rejected Cadbury's long-running claim. [read post]
12 May 2012, 1:04 am
Britax Childcare Pty Ltd v Infa-Secure Pty Ltd [2012] FCA 467 (9 May 2012) Claim construction – role of expert evidence – practice and procedure – concurrent testimony Justice Middleton has issued a 413 paragraph (104 pages, not including Annexures) decision in a patent case involving child safety seats. [read post]
11 Mar 2012, 3:32 pm
Meanwhile, two other manufacturers – Watson Pharma Pty Ltd and Ascent Pharma Pty Ltd – have been gearing up to follow Apotex’s lead in launching their own generic rosuvastatin products (rosuvastatin is the active ingredient in CRESTOR), and also faced applications by AstraZeneca for preliminary injunctions. [read post]
19 May 2008, 8:58 pm
The case arose out of a dispute between Armacel Pty Ltd, an Australian company, and Smurfit Stone Container Corporation, a US [...] [read post]
8 Aug 2007, 1:15 am
Last year I blogged about Nine Network Australia Pty Ltd v Ice TV Pty Ltd, a case that was being heard in the Federal Court before Justice Bennett (see here). [read post]
12 Nov 2007, 12:13 pm
The decision in Concrete Pty Ltd v Parramatta Design Developments Pty Ltd [2006] HCA 55 is about copyright in property development plans. [read post]
22 Jul 2008, 9:41 pm
" The Federal Court in Ginos Engineers Pty Ltd v Autodesk Australia Pty Ltd had to decide whether or not the Federal Magistrates Court had the power to make lump sum costs orders. [read post]
12 Feb 2013, 12:00 am
Ltd. [read post]
10 Aug 2011, 12:33 am
Case: Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83ConstructionThe fish stunning machine covered by the patents had a fish stunning device, a fish guide and a trigger. [read post]
22 Nov 2008, 7:01 pm
The recent ex tempore decision of Brereton J reinforces the ability of a party to challenge the authenticity of a relevant e-mail. [read post]
20 Aug 2008, 2:59 am
Trellian Pty. [read post]
29 May 2007, 5:35 pm
In Australian Competition & Consumer Commission v Leahy Petroleum Pty Ltd [2007] FCA 794, the Federal Court dismissed ACCC's application against 18 respondents for civil penalties relating to its allegations of the fixing of retail prices of petrol in the Geelong retail petrol market. [read post]
27 Apr 2011, 12:09 pm
DMCA Notices: From: Ambition Entertainment Pty Ltd To: Google, Inc. [read post]
5 Feb 2007, 11:01 pm
The Australian Communications and Media Authority (ACMA) signed a contract on 1 February 2007 with Service Stream Solutions Pty Ltd to develop and... [read post]
4 May 2011, 9:18 am
DMCA Notices: From: Wildfire Studios Pty Ltd To: Google, Inc. [read post]
26 Apr 2011, 1:10 pm
DMCA Notices: From: Ticketflex Pty Ltd To: Google, Inc.Date: 2009-08-18 [read post]
