High Court States the Obvious: AstraZeneca AB v Apotex Pty Ltd Appeal Decided

by Kim O’Connell, Suzy Madar and James Ellsmore In a widely anticipated decision, the High Court has upheld a decision of the Full Federal Court that AstraZeneca’s patent relating to low dosages of rosuvastatin is invalid for want of inventive step. Rosuvastatin is used in the treatment of high cholesterol and is marketed by AstraZeneca as Crestor. The decision will …

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Update: Otsuka Successful in Stay Application: Otsuka Pharmaceutical Co., Ltd v Generic Health Pty Ltd [2015] FCA 848

Further to our post of 7 July 2015, the proceedings brought by Otsuka and Bristol Myers Squibb (the “exclusive licensee” of Otsuka’s patents for aripiprazole) against Generic Health have taken another turn. Justice Nicholas delivered judgment on Friday 14 August in the interlocutory application sought by Otsuka and BMS. The orders and reasons were published on Tuesday 18 August. The …

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Productivity Commission embarks on 12-month inquiry into Australia’s intellectual property regime

The Federal Government has given the green light to the Productivity Commission to undertake a comprehensive review of Australia’s IP regime (Inquiry).  The Commission must provide a report on the Inquiry by August 2016. The Inquiry was one of the three recommendations relating to IP in the Final Report of the Competition Policy Review (also known as the Harper Review), …

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Trade mark confidence signals big things to come for “The Hayne Plane”

Pre-season gridiron games aren’t usually on most Aussie’s sports radars in August – the run-up to the AFL and NRL finals usually take up most of our attention. But this year is a little different. This year, the former rugby league star Jarryd Hayne is attempting to do something that few Aussie footballers have been able to do: break into …

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Too early to pull the plug on innovation patents

In June 2014, following three years of public consultation, the Advisory Council on Intellectual Property (ACIP) released a report in which it made recommendations to reform the Innovation Patent System. ACIP did not, at that stage, recommend abolishing the system. Our previous post on ACIP’s recommendations can be found here. On 25 May 2015, IP Australia published a report entitled …

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My Copyright Rules: Seven cooked by Nine in legal pressure test

Are all reality TV cooking shows the same? Television networks Seven and Nine were recently embroiled in legal proceedings over whether Nine’s new show, The Hotplate, is a rip-off of My Kitchen Rules. The food fight started when Hotplate aired at the same time of Seven’s new show, Restaurant Revolution. When Seven’s offering received a lukewarm reception in the ratings, …

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Dallas Buyers Club – customer details not to be released (yet)

In the Dallas Buyers Club proceeding, Dallas Buyers Club and Voltage Pictures sought preliminary discovery from a number of ISPs of customer names and addresses associated with 4,716 IP addresses alleged to have been used to infringe copyright.   As we previously reported (see our post here), on 7 April 2015, Justice Perram was satisfied in principle that the ISPs should …

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Government announces economic analysis of ALRC copyright recommendations

Yesterday, the Government announced that it has commissioned an economic analysis of some of the recommendations made by the Australian Law Reform Commission in its Copyright and the Digital Economy Report. The ALRC’s report, which was publicly released in February 2014, made a number of recommendations for reform of Australian Copyright law.  One of the key recommendations was the introduction …

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Lessons to be learned from the OAIC’s security assessment of St Vincent’s Hospital

Authors: Michael Swinson (Partner) and TJ Saw (Solicitor) Last month the Office of the Australian Information Commissioner (OAIC) issued a privacy assessment report of St Vincent’s Hospital Sydney Limited (St Vincent’s).[1] The Privacy Commissioner has the power to carry out assessments under section 33C of the Privacy Act in order to determine whether an organisation is complying with the Australian …

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