Monthly Archive for: ‘June, 2010’

Practice Note for Proceedings under the Patents Act – Effective 1 July 2010!

The Chief Justice of the Federal Court has issued a new Practice Note which applies to Federal Court proceedings under the Patents Act 1990.  The Practice Note is to be applied flexibly to promote the efficient identification of issues and improve facilitation in the trial process.  It commences on 1 July 2010.  Click here for a copy.

The Practice Note outlines the following “General Procedures” which “practitioners can expect will be adopted”:

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Are those real?

Counterfeit products are out there, but it’s not just consumers who need to be cautious.  The Federal Court recently found that art valuer Peter Gant engaged in misleading and deceptive conduct when he valued (in his capacity as a professional) three drawings at approximately $10k each.  The pieces appeared to be the works of famous Australian artists Charles Blackman and Robert Dickerson.  It was later discovered that the works were fake.  They weren’t copies of actual Blackman and Dickerson works, rather they were drawings “in the style” of Blackman and Dickerson and were falsely

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A “fuzzy line” between business methods and abstract ideas – Bilski v Kappos

A majority of the US Supreme Court handed down a decision yesterday which draws a fuzzy line between valid patents which claim business methods and invalid ones which merely claim abstract ideas.  The decision, Bilski v Kappos, can be found here.

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Viacom’s $1 billion copyright infringement suit dismissed in the US

On 23 June 2010, the US District Court for the Southern District of New York granted Google’s motion for summary judgment in Viacom’s $1 billion copyright infringement lawsuit against Google’s video sharing site YouTube.

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The buck stops here for Dr Gray

The saga between the University of Western Australia, Sirtex Medical Ltd and Dr Bruce Gray appears to be drawing to a close.  The Federal Court has now determined that Sirtex is entitled to recover just under $3 million in damages from its former director and shareholder, Dr Gray.  Click here to access the decision.

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Copyright in medical records

On 4 May 2010, Justice Stone of the Federal Court delivered judgment in Primary Health Care Ltd v Commissioner of Taxation [2010] FCA 419 [available here] .  The case concerned whether or not income tax deductions could be validly claimed by Primary Health Care (PHC), following its purchase of certain medical practices. 

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It’s all fun and games until someone goes to jail

What began in 2003 as an action for trade mark and copyright infringement, has in 2010, become a question of contempt of court and jail time. 
 

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India bends over backwards to protect its traditional knowledge

As a result of reports that patent applications for yoga positions have been lodged in the US, the Indian Traditional Knowledge Digital Library (TKDL) has once again focused its attention on reviewing hundreds of ancient texts to provide evidence of India’s traditional knowledge in the field of yoga.  Previous attempts at this task have provided unsatisfactory results.  However, they are now trying again – by videoing the yoga positions that are set out in these texts. 

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‘Whiskas is purple…’

After the parties had settled, it was necessary for Justice Bennett to determine whether Whiskas purple should be registered as a trade mark.   The issue was whether the Registrar of Trade Marks had initially accepted the trade mark application (prior to the objection) on the basis of false evidence.  Her Honour also made observations regarding whether the mark was capable of distinguishing Whiskas cat

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