Category Archive for: ‘Patents’

Mallesons patent and pharmaceutical law specialist speaks at 2nd Annual Pharmaceutical Law Conference

Kim O’Connell, patent and pharmaceutical law specialist at Mallesons, spoke yesterday at IIR’s 2nd Annual Pharmaceutical Law Conference in Sydney. 

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Careful consideration required when scoping assignments of future IP

Commercialisation of patents, particularly in the biotech sector, can be fraught with difficulties.  So much is apparent from a recent NSW Supreme Court decision: Fermiscan v James.  Fermiscan is listed on the ASX, and aims to commercialise a diagnostic test for breast cancer based on research originally conducted by Dr Veronica James.

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Full Federal Court confirms that grace period is available for divisional patents

The full Federal Court in Mont Adventure Equipment Pty Ltd v Phoenix Leisure Group Pty Ltd [2009] FCAFC 84 has held that a divisional patent application can rely on the filing date of its parent application and therefore claim the benefit of the 12 month grace period. Read our full alert here.

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The use of medical samples for tender purposes – outside the scope of injunctive relief?

In the recent decision Wake Forest University Health Sciences v Smith & Nephew Pty Ltdan alleged patent infringer has been allowed to continue supplying its foam dressing kits for product evaluation purposes (such as tender processes), free of charge, notwithstanding the grant of an interlocutory injunction.  This limitation of the scope of the injunction is interesting in light of the recent trend in favour o

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Further judicial clarity on the meaning of ‘innovative step’

The Full Federal Court has given further content to the concept of ‘innovative step’ contained in the Patents Act 1990 innovation patent system.  On Tuesday, the Court handed down its decision in Dura-Post (Aust) Pty Ltd v Delnorth Pty Ltd [2009] FCAFC 81, rejecting Dura-Post’s appeal from a decision of Gyles J that certain relevant claims of Delnorth’s innovation patents (for roadside posts) were valid and infringed. The Full Court’s decision only relates to questions of validity and, in partic

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Inventors speak: IPRIA patent infringement survey

On Tuesday 9 June, I attended an IPRIA seminar at which Kimberlee Weatherall (UQ) and Assoc Prof Beth Webster (Melbourne) of IPRIA presented the res

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The perils of enforcing US patent rights: Developments in declaratory judgment jurisprudence

The US Federal Circuit recently held that when seeking a declaratory judgment in relation to a patent held by a foreign entity, specific personal jurisdiction is only appropriate where that entity has sufficient contacts with the jurisdiction in which the judgment is pursued.  

The rationale for this is found in the due process requirements in the US Constitution.  Essentially, jurisdiction is appropriate over an entity when it would be fair to haul it before courts in that forum.  Fairness, in turn, can be established where:

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US Supreme Court to rule on business method patents in Bilski

A data processing system for pooling the assets of investors; a method for structuring a financial transaction to protect an individual’s assets; a method of hedging against the risk of a spike in the price of coal: are these patentable inventions?

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PCT II – A step closer to an international patent?

The United States Patent and Trademark Office has proposed to WIPO a comprehensive overhaul of the PCT system, dubbed PCT II, which would further internationalise the patent application system.

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