Monthly Archive for: ‘April, 2013’

Selection patents – a developing area of law?

Apotex recently failed in its attempt to have Eli Lilly’s patent covering antipsychotic drug Zyprexa revoked by the Federal Court.  In his judgment (Eli Lilly v Apotex), Justice Middleton considered two relatively fresh issues – the proper approach to ‘selection patents’, and the significance of differences in the naming of chemical formulae. Eli Lilly commenced the proceeding against Apotex in …

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Indian Supreme Court rules for cancer pills patent to be made available to generics

Earlier this month, the Supreme Court of India dismissed an appeal brought by Novartis against the Indian Intellectual Property Board’s 2009 decision which rejected a patent application for a form of Imatinib Mesylate, a drug used to treat myeloid leukaemia and other tumours, marketed as ‘Glivec’ (EU) or ‘Gleevec’ (US) (see previous post here). The decision was based on the …

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Why we can’t bring you an analysis of Tom Waterhouse’s defamation claim against Peter Fitzsimons and Fairfax

The Deputy Registrar of the District Court of New South Wales has refused IP Whiteboard’s non-party application to obtain from the court file a copy of Tom Waterhouse’s court complaint against Peter Fitzsimons and Fairfax (more officially known as proceeding No. 2012/284242). The decision tends to focus the mind on the balance between two potentially competing principles. In the right …

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A lesson in sharing: Google’s new AdWords policy

Imagine you are a well-known multinational company. You’ve worked long and hard to establish yourself as a market leader. You’ve taken advice from your trusty legal team to register your trade marks. You’re pretty proud of yourself for keeping up with new technology and have finally worked out how to use the Internet to best market your business. Why, then, …

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De-mining the DMCA’s Safe Harbor: UMG v Veoh

As well as being home to the world’s largest film and music companies, the US is the intellectual, entrepreneurial and technical leader of the digital age. There is an inherent tension between the media and IT industries, for it is the IT service providers, software companies and website owners whose services and infrastructure facilitate copyright infringement of their users. Herein …

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A Textbook Copyright Dispute – SCOTUS Rules Against Publishers

The Supreme Court of the United States of America decided 6 to 3 this week that a person who owns copyright in a book subsisting under US law cannot restrict the importation and resale of legally produced foreign copies, in the landmark decision Kirtsaeng v John Wiley & Sons, Inc. 568 U.S. ___ (2013) on the US doctrine of “first …

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A Clause For Concern? Arbitration clauses and third-party IP claims

The Supreme Court of British Columbia recently considered a dispute over a software agreement where a licensor refused to indemnify a licensee for the licensee’s settlement of an intellectual property claim brought against the licensee by a third party. The licensor pointed to the licensee’s failure to give prompt notice of the third party claim and failure to take the …

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Secret Miners’ Business – Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd

A recent case of the NSW Supreme Court, Gold and Copper Resources Pty Ltd v Newcrest Operations Ltd [2013] NSWSC 281, highlights the importance of being able to prove your own loss or the other party’s profit as a result of a breach of confidence, and how confidentiality agreements interact with the equitable duty of confidence and disclosure to Government …

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