Archives for: ‘Kim O’Connell’

Hands off my genes!

Is the grant of a patent the most effective way of encouraging medical research and innovation?  This is the question now facing a US Federal court in proceedings being led by the American Civil Liberties Union (ACLU) against Myriad Genetics and the University of Utah Research Foundation, who jointly hold the patents for the BRCA1 and BRCA2 genes (genes which are associated with breast cancer), and the US Patent and Trademark Office (USPTO).

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PPS reforms and collateral

Annie Leibovitz may arguably be the most famous photographer in the world. Her photographs have defined an era; from John Lennon and Yoko Ono on the cover of Rolling Stone to official portraits of Queen Elizabeth II. However, after it was reported that she was forced to take a loan of over $20 million to secure existing debts, it was her financial meltdown that received the most media coverage. Significantly, Leibovitz put up not only her property as collateral, but also the rights to all her current and future snaps until all her financial obligations are met.

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Don’t forget your filing dates

The recent decision in Kelvindale Products Pty Ltd v TFH Temporary Fence Hire Pty Ltd [2009] APO 25 is a timely reminder of the importance of file management systems.  This case concerned an application for an extension of time to file a Notice of Opposition.

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Protecting intellectual property in economic uncertainty – the Chinese lead by example

Last year was was a pretty grim year for economic activity.  However, while intellectual property did not avoid the effects, a recent report from the the World International Property Organisation (“WIPO”) provided some interesting findings. The number of international patent filings dropped, probably not unexpectedly, by 4.5% in 2009, with countries such as the US and Germany experiencing significant declines of over 11%.  However, it appears that not all countries were negatively affected, with applications in China increasing by 29.7% during 2009.

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High Court refuses special leave concerning enantiomer patents

The High Court has refused to grant special leave from a decision of the Full Federal Court (H Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70) concerning a patent for the (+)-enantiomer of citalopram, known as escitalopram.

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High Court refuses special leave in innovation patent case

In an update to our earlier post, the High Court has refused an application by Dura-Post for special leave to appeal from a decision of the Full Federal Court.

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Protection of intellectual property rights key to good clinical trials

Australian Life Scientist has recently published a feature article on the “Top 10 clinical trial mistakes”.  The article, which addresses some of the common mistakes made when drafting clinical trial agreements, is a reminder of the need for such agreements not only to deal with the existing intellectual property rights of all participants but also with the generation of intellectual property by part

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Arguments close in the US Supreme Court over business method patents

Yesterday, the US Supreme Court heard oral arguments from both sides in Bilski v Kappos over whether American law should permit patents for business methods.

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Lessons about patent amendment

The Federal Court recently confirmed, in Apotex v Les Laboratoires Servier (No 2), that a patentee’s conduct is a crucial element considered by the Court in relation to the exercise of judicial discretion to amend a patent. In particular, a patentee applying for an amendment must make a full and frank disclosure of all the reasons for seeking the amendment. The amendment must be sought in good faith and without delay.

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