Category Archive for: ‘Patents’

US House of Representatives creates uncertainty in America Invents law reforms

Further to our post on 10 March 2011, in which we discussed the passing by the US Senate of the America Invents Act of 2011 (“Senate Bill“), the US House of Representatives has now passed the America Invents Act of 2011 (“HR Bill“). 
 

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Australia provides for developing countries in need of pharmaceuticals

Under a new policy released by the Australian Government on 22 March 2011 (see media release here), those in developing countries will soon be able to access medicines which are the subject of  Australian patent protection at more affordable prices.  The proposed policy involves a compulsory licensing scheme and is responsive to an international agreement on public health which Australia has signed with the World Trade Organisation.
 

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European Court of Justice strikes down plan to implement a unified patent litigation system

The European Court of Justice (the Court) issued an opinion recently thwarting the European Commission’s plans to introduce a unified patent litigation system.  The Court concluded that the draft agreement to establish a European and Community Patents Court (the European Patents Court) was not compatible with EU law.

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America Invents amendments to the US patent system

At the start of this week the US Senate gave overwhelming support to the America Invents Act of 2011 (“Bill“) that proposes to overhaul the entire US patent system.  A copy of the Bill can be obtained here.

The key provisions of the Bill include:

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Game on for Sony as LG blocks imports of PS3s into the Netherlands

Last week the Civil Court of Justice in the Hague awarded electronics company LG a preliminary injunction against rival manufacturer Sony, ordering the seizure of all new imports of PlayStation 3 (PS3) consoles into the Netherlands for a period of at least 10 days.  LG claims that Sony’s popular home video console infringes several of its patents relating to the playback of Blu-ray disks.  The ruling has resulted in tens of thousands of PS3 consoles being seized by Dutch customs authorities whilst the temporary injunction is in place.

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Important Federal Court decision clarifying the test for novelty

Further to our earlier post in relation to the Federal Court’s decision to revoke a patent claiming “substantially pure” fexofenadine, a compound which was disclosed in prior Australian and US patents, Justice Jessup’s decision provides useful clarification in relation to the test for novelty.
 

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Australia and New Zealand move one step closer to a single patent examination system

On 16 February 2011, Australian Prime Minister Julia Gillard and New Zealand Prime Minister John Keys made a joint announcement regarding the integration of the patent examination procedures in Australia and New Zealand.  The announcement is a key part of the Trans Tasman Single Economic Market concept, one component of which is the integration of the intellectual property systems of the two countries to provide:

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Second shot at gene patent amendment bill

Further to our post on 2 December 2010 updating you on the introduction to the Senate of the Patent Amendment (Human Genes and Biological Materials) Bill 2010 (Senate Bill), a private members bill, the Patent Amendment (Human Genes and Biological Materials) Bill 2010 (Bill), was introduced to the House of Representatives last Monday.  The Bill, which is in su

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Something to react to – Federal Court upholds challenge to anti-histamine patent

Earlier today, Justice Jessup of the Federal Court handed down judgment in AMRI v Alphapharm upholding Alphapharm’s challenge to AMRI’s patent which claimed substantially pure fexofenadine, a drug used to treat allergic reactions, on the ground that it lacked novelty, and for having been granted on the basis of a material false representation to the Patent Office.  Mallesons acted for Alphapharm.

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