Monthly Archive for: ‘March, 2010’

Myriad of claims imperilled following US ruling on breast cancer gene patent

A US district judge has ruled that patents directed to the detection of inheritable breast cancer are invalid, on the basis that the invention was directed towards a law of nature.  The patents were in the name of Myriad Genetics, Inc and were challenged by the American Civil Liberties Union and other advocacy groups. We blogged on the case earlier this year.

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Landmark decision on the use of trade marks online

Last Friday, the Federal Court handed accommodation manager Mantra Group a landmark victory, ruling that an operator of websites used to source accommodation bookings had misused Mantra’s trade marks.  Mallesons partner John Swinson takes a close look at the decision and the implications for trade mark owners here.  Mallesons represented Mantra in the litigation.

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Indonesian government criticised for preferring “open source” software

An Indonesian government policy endorsing the use of open source software (OSS) within government organisations “weakens the software industry”, according to the International Intellectual Property Alliance (IIPA).  IIPA says that the endorsement undermines the long-term competitiveness of the proprietary software industry “by creating an artificial preference for companies offering open source software and related services”.

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“To authorise” has the same meaning for patents and copyright

Authorisation seems to be the flavour of the month.  Hot on the heels of the iiNet decision regarding authorisation liabliity for copyright infringement, Justice Bennett handed down judgment in Inverness Medical Switzerland GmBH v MDS Diagnostics Pty Ltd [2010] FCA 108, in which her Honour had cause to consider the meaning of “authorise” under s 13 of the Patents Act 1990 (Cth) (Patents Act

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US copyright – register for your remedies

Foreign copyright holders who create material that has international value should consider registration of their copyright with the United States Copyright Office, as failure to do so may result in the denial of key remedies in the event of copyright infringement in the United States.  For authors of United States works, registration will also be crucial in most cases.  The perils of not registering copyright in the United States was recently highlighted in the US decisions of Elsevier BV v UnitedHealth Group, Inc and Reed Elsevier, Inc v Muchnick, for

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Trade mark ‘Nexus’ too close for comfort

(For those of you interested in following the various issues arising out of Google’s bid for the “NEXUS ONE” trade mark, be sure to read our previous blog on claims by the estate of science fiction writer Philip K Dick that the name has been taken from his novel Do Androids Dream of Electric Sheep?, later made into the movie Blade Runner.)  
 

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Google Adwords trade mark decision: your questions answered

By now, most readers will have seen that the European Court of Justice (ECJ) has handed down its long awaited decision in relation to Adwords on 23 March 2010.  However, why do we all care and what does it mean?

To help, set out below are some Q&As to ensure you are in the loop:

What is all this about?

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Vioxx class action judgment – a bitter pill for Merck to swallow

 

Further to our 5 March post, in the first successful Vioxx class action anywhere in the world, the Federal Court has found that Vioxx doubled the risk of heart attack in patients. 

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Tiger and Lara – the public, the private and the inappropriate

Tiger Woods’ announcement yesterday that he will return to professional golf at the US Masters in Augusta provides a (very loose) opportunity to discuss “how times have changed” when it comes to permissible speech.
 

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