Category Archive for: ‘Patents’

Uniloc-king the jury verdict

A Judge in the US this week vacated the highly publicised US $388 million jury verdict earlier this year against Microsoft for the alleged infringement of an anti-piracy software activation technology patent owned by Uniloc – a software security company founded by Australian entrepreneur Ric Richardson.

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Full Federal Court strikes down patent for clopidogrel

The Full Federal Court has confirmed that Sanofi-Aventis’ patent for the drug clopidogrel (brand name Plavix) is invalid and should be revoked.  Subject to the question of whether Sanofi will seek a stay pending an application for leave to appeal to the High Court, the decision clears the way for Apotex and other companies to launch their own brands of clopidogrel, a drug designed to prevent platelet aggregation and blood clots, to compete directly with Sanofi.

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Fast-tracking patent applications for “green technology”

IP Australia has announced that requests for examination of patents involving green technology may be “fast-tracked”. 

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What is patentable subject matter? Is the ‘manner of manufacture test’ on its way out (yet again)?

On 21 September 2009, the Advisory Council on Intellectual Property (“ACIP”) released an options paper on patentable subject matter.   

‘Manner of manufacture’ test

The paper analyses and discuses the value of the ‘manner of manufacture’ test currently used in determining whether an invention is patentable.   ACIP is seeking comments on the following four options:

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Consultation paper released on new R&D tax credit

On 18 September 2009, the Treasurer and Minister for Innovation, Industry, Science and Research released a consultation paper on the new research and development tax incentive.  The incentive, announced as part of the 2009-2010 Budget, represents a significant change to the taxation of R&D expenditure in Australia. 

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UPDATE: Full Federal Court dismisses appeal in University of WA v Gray

Mallesons has published an alert on the Full Court decision, available here.

UPDATE: The Full Federal Court has dismissed the appeal.

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Medrad v Alpine: Interlocutory injunction granted

On 25 August 2009 Justice Kenny handed down her decision in Medrad Inc v Alpine Medical Pty Ltd [2009] FCA 949.  Her Honour granted an injunction to the applicant (represented by Mallesons) restraining the respondents from selling certain disposable syringes in Australia.  In doing so, Justice Kenny refuted that it was the practice of the court to refuse an interlocutory injunction where the validity of a patent is being challenged.

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Advisory Council on Intellectual Property releases Interim Report on Post-Grant Patent Enforcement Strategies

The Advisory Council on Intellectual Property has released an Interim Report on Post-Grant Enforcement Strategies proposing a number of reforms, including the establishment of an IP dispute resolution centre to provide opinions in relation to validity and infringement issues, and public access to information in relation to patent related Court proceedings.  The Advisory Council is seeking submissions on the proposals outlined in the Report from interested parties with a view to submitting the final report to the Government in late 2009.  Written submissions should be mad

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Hey Presto! Can magicians conjure up IP protection?

Spain’s magicians are reportedly outraged by the exposure of their tricks and illusions on the “Masked Magician” television show.  Recent news reports indicate they are seeking legal advice on how best to protect their “IP”, to avoid their craft from being undermined.

This is a great example of (largely) unexplored IP territory.  Are illusions and magic tricks capable of IP protection? Here is some initial thinking:

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