Monthly Archive for: ‘May, 2012’
As we posted on IP Whiteboard last year the original Policeman from the Village People, Victor Willis, was taking a stand in a Californian District Court to reclaim his copyright ownership in a number of the band’s songs. The decision was recently delivered in his favour.
The debate on the patenting of genes has resurfaced with plans to introduce a new private members’ bill banning the patenting of genetic materials. Despite one of the purposes of the recently enacted Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 (Cth) being to increase medical researchers’ access to patented genetic materials, some parliamentarians, in particular Labor back bencher Melissa Parke, consider that the Raising the Bar amendments do not go far enough.
High Court refuses application for special leave to appeal Full Court finding that extended release venlafaxine patent invalid
On Friday, Justices Gummow, Hayne and Keiffel refused an application for Special Leave to appeal to the High Court a decision of the Full Court of the Federal Court which found that Wyeth’s patent relating to a method of treatment using an extended release formulation of the anti-depressant venlafaxine was invalid for lack of fair basis on the specification as filed, and on the ground that that the claims were not fairly based on an earlier US priority document.
King & Wood Mallesons acted for Alphapharm in opposing the application for special leave.
Google has been accused of copyright infringement for using photographs of Jimi Hendrix and John Coltrane in advertising its Google Music service. The action has been brought in the United States District Court for the Central District of California by the estate of James “Jim” Marshall, a photographer renowned for his iconic photographs of popular musicians (not to be confused with the James “Jim” Marshall who founded Marshall Amplification – or, indeed, James “Jimi” Marshall Hendrix).
Optus has today filed an application for special leave to appeal to the High Court in relation to the Full Court of the Federal Court’s decision in National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd  FCAFC 59 (a copy of which can be found here). In their decision, the Full Court overturned Rares J’s judgment at first instance and held that Optus’ “TV Now” service breached the copyright rights of the Australian Football League, National Rugby League and Telstra Corpo