Category Archive for: ‘Subjects’

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 …

Read More
Subjects:

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 …

Read More
Subjects: |

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 …

Read More
Subjects:

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: