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Seeing double: Full Federal Court dismisses claims of trade mark and copyright infringement and orders removal of allegedly infringed trade marks for non-use

Davies Collison Cave
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Australia
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December 13 2011

On 17 October 2011, the Full Court of the Federal Court of Australia unanimously upheld Justice Yates’ decision at first instance to dismiss the appellant’s claims of trade mark and copyright infringement and require two of the appellant’s trade marks to be removed from the Australian Trade Marks Register (“the Register”

Sanofi’s psoriasis patent gives Apotex a rash that it cannot scratch! Method of treatment claim found valid and infringed

Davies Collison Cave
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Australia
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September 28 2011

In a decision which considers both patent and copyright issues, the Federal Court recently found in favour of the patenteeoriginator, distinguishing between the purpose of administration and the result achieved in order to clarify construction of a method of treatment claim

UCP Gen Pharma's "Revasc" pharmaceutical trade mark to remain on register

Davies Collison Cave
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Australia
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March 20 2012

On 15 March 2012, Justice Jessup of the Federal Court of Australia exercised his discretion to allow UCP Gen Pharma's "Revasc" pharmaceutical trade markindicated for use in the prophylaxis and treatment of venous thrombosis for hip and knee operationsto remain on the Register of Trade Marks, notwithstanding the fact that the mark had not been used in Australia during the statutory three year "non use" period

Astrazeneca successfully protects Crestor patents against generic attack in the Australian pharmaceutical market

Davies Collison Cave
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Australia
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May 18 2012

Three Justices of the Federal Court of Australia have now on three separate occasions restrained Apotex's proposed launch of generic versions of Astra's cholesterol reducing statin, "Crestor" in Australia

VIP Plastic Packaging wins Federal Court patent infringement case against B.M.W. Plastics Pty Ltd

Davies Collison Cave
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Australia
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September 28 2011

On 10 June 2011, Federal Court determined that B.M.W. Plastics Pty Ltd (“BMW Plastics”) infringed the principal claim of VIP Plastic Packaging Pty Ltd’s (“VIP”) Patent for a “variable dip length tube for a fluid transfer container”

Merck granted interlocutory relief to stop the alleged infringement of Nasonex patent

Davies Collison Cave
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Australia
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September 11 2012

Justice Jagot of the Federal Court has granted an interlocutory injunction prohibiting the promotion and sale of Apotex's generic versions of Merck's anti-allergic nasal spray, Nasonex

Hospira ordered to withdraw PBS application pending determination of Novartis' Patent infringement claims

Davies Collison Cave
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Australia
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November 14 2012

The Federal Court has recently made orders restraining Hospira from promoting, supplying and obtaining PBS listing of products containing zoledronic acid until its final determination of Novartis’ allegations of patent infringement and Hospira’s cross-claims for invalidity

Copyright does not subsist in the White and Yellow Pages: Full Federal Court

Davies Collison Cave
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Australia
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March 2 2011

On 15 December 2010, the Australian Full Federal Court unanimously upheld the decision of Justice Gordon at first instance, confirming that copyright does not subsist in Telstra's White and Yellow Pages telephone directories

Cartridge reseller ordered to destroy infringing printer compatibility charts if copyright appeal unsuccessful

Davies Collison Cave
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Australia
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June 30 2011

The Federal Court has confirmed that cartridge reseller, Tonnex, infringed the copyright subsisting in a compatibility chart developed by its competitor, Dynamic, and had contravened sections 53, 53 (c) and 53 (eb) of the Trade Practices Act ("TPA"

Woolworths' "Honest to Goodness" campaign survives balancing act

Davies Collison Cave
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Australia
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April 4 2011

In Organic Marketing Australia Pty Ltd v Woolworths Ltd 2011 FCA 2791, Katzmann J refused the application by Organic Marketing Australia ("OMA") for an interlocutory injunction to restrain Woolworths from using the words "Honest to Goodness" in its latest advertising campaign, on the basis that the "balance of convenience" weighed heavily against such a measure

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