Category Archive for: ‘Patents’

The narrowing of the defence of patent misuse in America

In the recent American case of Princo Corp. v. International Trade Commission, the U.S. Court of Appeal for the Federal Circuit narrowed the doctrine of patent misuse in the context of licensing.

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Should Android be paranoid?

Oracle has filed a claim against Google in the US Federal Court claiming patent and copyright infringement. 

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A guarantee of non-infringement for software supplies to Australian “consumers”?

From 1 January 2011 software will be characterised as goods for the purposes of the consumer guarantee provisions of the Australian Consumer Law (ACL).  Suppliers of software will likely amend their standard licence terms to mitigate the risk of unlimited liability for losses suffered by Australian “consumers” as a result of the software infringing a third party’s IP rights.

Who does this affect?

The new laws raise issues for all software licences with Australian end-customers where either:

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Free online tool for small businesses – Intellectual Property Explorer

A new free online tool, called Intellectual Property Explorer, is available to help small and medium sized businesses recognise, review and manage their intellectual property assets.  The Intellectual Property Explorer has a range of useful features to assist businesses in identifying their intellectual property assets, including simple and easy to understand explanations of intellectual property concepts and a handy guide to reviewing and recognising intellectual property.

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Allowability of amendments under section 102 of the Patents Act

Otsuka Pharmaceutical Co (Otsuka) and Bristol Meyers Squibb (BMS) are the patentee and exclusive licensee of a patent relating to aripiprazole (an antipsychotic used to treat schizophrenia).  In 2009, the patentee proposed certain amendments to the patent.  This request was made following an adverse report by the Commissioner of Patents during re-examination of the patent under section 97(2) of the Act. 
 

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Gene patents – a lawyers’ trick?

On Tuesday night Professor Peter Cashman gave an informative lecture at the University of Sydney on the patentability of genes.

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TGA to implement alert system for new ARTG registrations

The TGA plans to implement a daily alert system to show new registrations on the ARTG. The move is the result of complaints made to the TGA by Medicines Australia in relation to originators not receiving notice when generic versions of their pharmaceutical products become registered.

The TGA has said that the system will be up and running within the next 2 months and is intended to list all registrations achieved.

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EU Court restricts protection for gene patents

In a recent decision (Monsanto Technology LLC v Cefetra BV and Others), the Court of Justice of the European Union declared that patent protection for gene patents will only extend to gene sequences which are performing the specific function for which they were patented.  The decision of the Court is the first-ever judicial assessment of the extent to which European patent law will protect gene patents.

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European Commission reports on patent settlement agreements

The European Commission’s Directorate General for Competition has recently released its First Report on the Monitoring of Patent Settlement Agreements (the “Report”).  The release of the Report comes less than a week after a decision of the EU General Court confirming a decision of the Commission to

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