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Federal Court finds that isolated DNA is patentable subject matter in Australia

Davies Collison Cave
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Australia
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February 15 2013

In a much anticipated judgment, on 15 February 2013, the Federal Court of Australia has confirmed that isolated nucleic acid (including isolated DNA

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

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

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

Apotex appeal fails: no implied license over Sanofi's copyright in leflunomide product information

Davies Collison Cave
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Australia
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August 27 2012

The Full Court of the Federal Court of Australia has recently confirmed that Apotex did not have an implied licence to copy the Product Information (PI) for trade rival Sanofi's anti-arthritis drug, Arava (active ingredient leflunomide) for the purposes of obtaining TGA approval of Apotex's generic leflunomide products

Mesoblast not allowed to appeal "Revasc" trade mark decision

Davies Collison Cave
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Australia
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June 5 2012

The Federal Court has recently refused Mesoblast's application for leave to appeal against Justice Jessup's decision to allow, on discretionary grounds, UCP Gen Pharma's "Revasc" pharmaceutical trade mark to remain on the Register of Trade Marks, despite Mesoblast Inc's, opposition, and 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

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

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

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