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Full Federal Court agrees that copyright subsists in original printer cartridge chart

Davies Collison Cave
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Australia
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January 30 2013

In a continuation of a battle between two printer cartridge resellers, the Full Federal Court has affirmed the legal principles pronounced by the

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

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

Full Court exercises its discretion to order removal of Wild Geese trade mark

Davies Collison Cave
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Australia
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March 16 2012

The Full Court of the Federal Court of Australia has recently overturned a decision to allow Lodestar's "Wild Geese" trade mark to remain on the Register of Trade Marks on discretionary grounds, despite the fact it had not been used during the statutory 3 year period

TiVo successful in Australian trade mark dispute: "Viivo" held to be deceptively similar

Davies Collison Cave
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Australia
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May 4 2012

In a decision that canvasses and helpfully clarifies many important aspects of Australian trade mark law - from deceptive similarity, reputation and honest concurrent use to infringement and removal for non-use - Justice Dodds-Streeton of the Federal Court of Australia has concluded that the Vivo trade mark used by a manufacturer on televisions and other audio visual products was likely to deceive or cause confusion as a result of the prior trade mark registration of well known personal video recorder manufacturer, TiVo, and should therefore be cancelled

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

Google not responsible for misleading and deceptive adword advertisements: High Court

Davies Collison Cave
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Australia
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February 6 2013

On 6 February 2013, in a much anticipated judgment, the High Court of Australia unanimously allowed Google's appeal from a decision of the Full Court

Federal court: cartridge reseller copied compilation of printer compatibility and misled with ‘Australian product’ claims

Davies Collison Cave
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Australia
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May 2 2011

A recent dispute between two printer cartridge resellers has demonstrated the types of human effort that must be shown in the development of any compilation for which copyright protection is sought, as well as the types of product origin claims that Courts will consider to mislead and deceive consumers in contravention of the Trade Practices Act 1974 (Cth) (now the Australian Consumer Law

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

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

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