We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 1,781

Preliminary discovery to obtain documents from suspected infringer: speculation is not enough
  • Phillips Ormonde Fitzpatrick
  • Australia
  • June 12 2017

At times, a rights holder may suspect that its rights are being infringed, but has insufficient information of the infringer's conduct to decide


Unjustified threats of infringement proceedings: the potential for costly mistakes
  • Phillips Ormonde Fitzpatrick
  • Australia
  • June 12 2017

Allegations of infringement of Australian patent, design or trade mark rights may be deemed unjustified, and the person making such a threat may be


To amend or not, that is the 25 million dollar question: evidence of ‘good faith’ falls primarily on patentee
  • Phillips Ormonde Fitzpatrick
  • Australia
  • June 12 2017

In patent litigation, it is common practice to either amend the patent in anticipation of the commencement of proceedings or during the course of the


Infringement of Innovation Patents: a sensible correction to Australian patent law
  • Phillips Ormonde Fitzpatrick
  • Australia
  • June 12 2017

The Full Federal Court's decision in Coretell Pty Ltd v Australian Mud Company Pty Ltd 2017 FCAFC 54 (Coretell), has finally corrected what many


Should innovation patents be kept?
  • AJ Park
  • Australia
  • June 7 2017

There's been some recent comment about the usefulness of Australian innovation patents, and whether they should be kept. From my work with small


Harder, better, faster, stronger - Australian patent oppositions
  • Griffith Hack
  • Australia
  • June 7 2017

Australia has a long-standing pre-grant patent opposition procedure. However, a number of aspects were reformed as part of the IP Laws Amendment


Patentability of software inventions
  • FB Rice
  • Australia
  • June 7 2017

This is the first part of a two-part series and deals with the current state of software patents. The second part will provide our prediction on where


But for the grace of section 223 go I: licences for would-be patent infringers
  • The Commercial Bar Association of Victoria
  • Australia
  • May 31 2017

In these proceedings, Beach J considered the proper interpretation of s 223 of the Patents Act 1990 (Cth) as it concerns the application for licences


Mud thrown over failure to link assessed damages with threats of litigation
  • The Commercial Bar Association of Victoria
  • Australia
  • May 31 2017

In AMC’s earlier (and unsuccessful) infringement proceedings before the proceeding referred to above, Coretell cross-claimed under s 128 of the


Update on Swiss-type patent claims in Australia
  • Fisher Adams Kelly Callinans
  • Australia
  • May 31 2017

As discussed in our previous article, 'Swiss-type' format is one of several claim types that can be used in Australia for obtaining protection related