Monthly Archive for: ‘March, 2013’

Are your patents ready to jump the Raised Bar?

As we have reported previously, significant changes to Australian patent prosecution procedures come into effect on 15 April 2013.  Are you ready?  Check what steps you should take by clicking here.

Read More
Subjects:

Social media compliance not just a worry; now a mandate for C-Suites and Boards

Even if a listed company has no interest in social media, last week’s final release of ASX’s Guidance Note 8 confirms that social media compliance is front and centre for Boards and C-Suites across Australia, whether they like it or not. If listed entities want to keep confidential a pending market sensitive announcement or a close to final market sensitive …

Read More
Subjects:

Experimental evidence– comply with the rules or risk inadmissibility

By refusing to allow Generic Health to adduce experimental evidence in a patent case currently being heard in the Federal Court, Justice Jagot has made it clear that failing to comply with procedure set out in the Federal Court Rules when conducting experiments can have serious consequences. In this case, Generic Health conducted an experiment without seeking prior orders from …

Read More

Today’s update from the High Court – IP special leave applications refused

The High Court today heard special leave applications in two IP cases – however, in both cases Chief Justice French and Justice Gageler declined to grant special leave. The first case was Ucorp’s application for special leave to appeal from the Full Court’s decision regarding an implied licence in respect of the copyright in Material Safety Data Sheets (MSDS). Acohs …

Read More
Subjects: |

Why you can’t keep a good patent down: steel-flex posts bounce back from patent revocation

Delnorth is an Australian company that designs and supplies road signs and road-side markers. The company claims that its flagship product, the “Steel-Flex” post, can withstand being run over from either direction, never dislodges from the ground and will return to an undamaged, perfectly vertical position if run over. Spruiked as ‘the most durable post available on the market’, it …

Read More
Subjects:

Blockbuster drug goes bust? The Federal Court finds three AstraZeneca patents relating to Crestor (rosuvastatin) invalid

In an important decision handed down on Tuesday, Justice Jagot of the Federal Court held that three patents relating to the blockbuster drug Crestor (rosuvastatin) were invalid and liable to be revoked. The decision will have important implications for companies considering launching their own generic rosuvastatin products given that total sales of Crestor for 2012 were about $350m. The patentee, …

Read More
Subjects:

Six strikes and you’re…? New US approach to reducing online copyright infringement

The Copyright Alert System (CAS), more commonly referred to by its ‘six strikes’ moniker, began operation in late February in the US. Under the CAS, internet subscribers whose accounts are used illegally to share copyright material may receive one or more alerts from their internet service provider (ISP).  If the subscriber receives five or six alerts (a.k.a strikes), their account …

Read More
Subjects:

Don’t let the Raised Bar trip you up

On 15 April 2013, significant changes to Australian patent law will come into force. These changes increase the requirements for patentability of inventions. Patent applicants should take steps now, to prepare themselves for the ‘raised bar’. We have prepared an alert giving a simple to-do list before the changes come in, which is available online here.

Read More
Subjects:

The Digital Fringe of Patent Law: Federal Court Rules against Research Affiliates

Patenting of software and computer-implemented methods is a controversial area of law. A recent, much-awaited decision of the Federal Court in Research Affiliates LLC v Commissioner of Patents [2013] FCA 71 found a claim to a computer-implemented method of generating a financial index did not involve a sufficient level of computer integration to be considered patentable subject matter. We have …

Read More
Subjects: