Blindsided on prior use

A recent decision of the Full Court of the Federal Court reaffirms that not every prior use of an invention will be novelty defeating (see Damorgold Pty Ltd v JAI Products Pty Ltd [2015] FCAFC 31). Damorgold’s patent related to a spring assisted mechanism for controlling blinds. JAI briefly marketed (but did not sell) a RolaShades product in Australia which possessed …

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Extension of time provisions in the Patents Act cannot prevent “the Sword of Damocles” from falling

The Full Federal Court in Sunesis Pharmaceuticals Inc v Commissioner of Patents [2015] FCAFC 29 clarified that section 223(2) of the Patents Act, which allows the Commissioner of Patents to grant an extension of time to complete a required act, cannot be used to delay the effects of the commencement of legislative amendments. Specifically, the Court found that section 223 …

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Privacy Commissioner’s decision set aside by the Federal Court

A recent decision by Federal Court of Australia illustrated two things about privacy complaints – or at least those that end up before the courts: complainants often pursue their claims for many years, displaying a kind of endurance that many litigants do not possess; and the task facing an administrative decision maker is demanding – an attack on a decision …

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Copyright case of Olympic proportions

Just before Christmas last year, Justice Bennett handed down the decision in Seven Network Limited v Commissioner of Taxation [2014] FCA 1411 which held that no copyright existed in Channel Seven’s live television broadcasting of the 2006 (Winter) Olympics in Turin, and the 2008 Olympic Games in Beijing, to Australian viewers. Her Honour found that the footage was transmitted via …

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Aereo and Optus TV Now – a comparison of the US Supreme Court and Australian Full Federal Court decisions

The Supreme Court of the United States in Aereo and the Full Court of the Federal Court of Australia in Optus TV Now have both considered the application of copyright laws to television streaming services. Both highly anticipated decisions have potential implications for new online technologies and cloud services. But how do the decisions compare and are the implications for …

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More lessons on patent amendment

6 years after our “Lessons about patent amendment” post the Federal Court has handed down another decision in the same proceeding (Apotex v Les Laboratories Servier (No 4) [2015] FCA) about amending a patent under s 105 of the Patents Act. The patent at the centre of these proceedings relates to Servier’s blood pressure medication, perindopril. This time the Court …

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Does it matter which Board of Appeal hears your case when it comes to the distinctiveness inquiry under article 7(1)(b)?

– An edited version of this article first appeared on IPKat on 12 November 2014 — Some recent decisions – and topical ones at that, with the holiday season imminently approaching for this new father (hi Jack and Willy!) – relating to the treatment of 2D and 3D marks for toys suggest that there might be a split between the …

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Immigration removals delayed pending assessment of data breach

The Immigration department’s well publicised 2014 data security breach continues to cause difficulties for the Department.  In late January and mid February the courts have issued interlocutory injunctions preventing the removal from Australia of certain asylum seekers pending the outcome of administrative law challenges to decisions to refuse refugee status, based on the Department’s consideration of the impact of the …

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