Archives for: ‘Kim O’Connell’

“D’oh!” The Simpsons are sued for Homer’s hologram

You may be familiar with Comic-Con, a worldwide organization that runs conventions for comic fans, made famous by geeks in dress up and legendary guest stars. Well, last month’s San Diego Comic-Con was made famous for another reason – a holographic appearance by Homer Simpson has led to The Simpsons being sued for patent infringement. D’oh indeed. On 26 July …

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Review of the Innovation Patent System Final Report

The Australian Government Advisory Council on Intellectual Property (“ACIP”) has recently recommended several changes to the innovation patent system in Australia. The key recommendations include raising the threshold for “innovative step”; excluding processes from patentability as innovation patents; examination and certification being a precondition to using the term “patent”; and requiring examination to be requested within three years. ACIP was …

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High Court grants special leave to appeal extension of time in pharmaceutical patent case

Last Friday the High Court of Australia granted Alphapharm special leave to appeal from a decision of the Full Federal Court in Aspen Pharma Pty Ltd v H Lundbeck A/S [2013] FCAFC 129.  The Full Court’s decision affirmed an earlier decision of the Administrative Appeals Tribunal to grant Lundbeck an extension of time in which to make an application to …

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Quality, not quantity, the key to inventorship

Neobev Pty Limited v Bacchus Distillery Pty Limited (Administrators Appointed)[1], a decision of Besanko J of the Federal Court published earlier this year, provides insight into the vexed question of joint inventorship – just what does it mean to be a joint inventor of an invention that is the subject of a patent? The respondent, Bacchus Distillery, was a small …

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Patent settlements are up and anti-competitive behaviour is down: EU

Patent settlements are up and anti-competitive settlement behaviour is down in the European Union. The European Commission recently released a report on patent settlement agreements between originator and generic companies in the European pharmaceutical sector which shows a continued low level (7% in 2012) of potentially anti-competitive settlements. The report is the fourth of its kind since the Commission’s competition …

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Follow the yellow bit road?: JP Morgan pursues bitcoin-like patent

Digital currencies are a hot topic these days, with their anonymity, freedom from control by centralised banks, and avoidance of merchant transaction fees appealing to various groups around the world. The best-known example of a digital currency is bitcoin, which as recently as last month was trading at over US$1000 per bitcoin (but has since fallen to a far more …

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High Court decides important issues relating to patentability of methods of medical treatment, and contributory infringement of pharmaceutical patents

Further to our earlier “Breaking News” post, the High Court has handed down a much anticipated decision in Apotex v Sanofi-Aventis. The decision is important because it definitely determines that methods of medical treatment of human beings are patentable subject matter within the meaning of s18(1) of the Patents Act 1990 (Cth). Further, in circumstances where a pharmaceutical product has …

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Breaking News – High Court hands down important decision in relation to infringement of pharmaceutical patents

A few hours ago, the High Court handed down its long awaited decision in Apotex v Sanofi. While the High Court confirmed that methods of medical treatment of the human body are patentable inventions within the meaning of s18(1) of the Patents Act 1990 (Cth), it found that Apotex did not infringe Sanofi’s patent relating to the use of leflunomide to …

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Spot The Difference: Ministry of Sound sues Spotify for copyright infringement

To those who have ever created an awesome Ministry-esque playlist on Spotify – you may have just got them into trouble. In September this year, Ministry of Sound, famous for their dance music compilations (think “Addicted to Bass”, “Sessions”, “Chillout Sessions” and the now-ironically named “On the Download”), have sued Spotify for copyright infringement in the UK High Court. Spotify …

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