Archives for: ‘Kim O’Connell’

High Court grants Application for Special Leave to Appeal in Myriad Genetics

The High Court has granted Cancer Voices’ application for special leave to appeal a Full Federal Court finding that Myriad’s patent relating to the BRCA1 gene is patentable.

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Licensees beware – are you exclusive?

The Full Federal Court confirmed last week in BMS v Apotex that where a patent licence reserves some rights to be exercised by the licensor, the licensee will not have standing to sue and claim damages as an “exclusive licensee”. Importantly, in infringement proceedings, a patentee can only claim damages for damage suffered by itself or an exclusive licensee. In …

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ACCC grants interim authorisation of Medicines Australia’s Code of Conduct

In October this year we posted on the ACCC’s draft determination on the new edition 18 of Medicines Australia’s Code of Conduct (see more here). As readers of our blog might recall, the ACCC indicated that it would not grant approval to the new edition of the Code unless certain amendments were made to increase transparency regarding gifts and benefits …

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Is your computer-implemented business method patentable? The Full Federal Court dismisses Research Affiliates’ appeal

A unanimous Full Federal Court has held that a computer implemented method of creating an investment index is not patentable, on the basis that the substance of the claimed invention – an abstract idea or scheme – is itself not patentable subject matter and just because the claimed invention could be implemented using a computer does not make it patentable. …

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Unanimous Full Court dismisses Research Affiliates’ appeal

In a decision handed down this afternoon, the Full Court has unanimously dismissed an appeal by Research Affiliates LLC from a decision of Justice Emmett in 2013 (summary here). The Full Court affirmed Justice Emmett’s decision that the claimed invention of two patent applications, in the name of Research Affiliates, is not a manner of manufacture as required by the …

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ACCC imposes strict transparency provisions on updated Medicines Australia Code of Conduct

Roll-out of a new edition of Medicines Australia’s Code of Conduct has struck a roadblock, with the ACCC requesting that Medicines Australia amend the Code to include additional transparency requirements.  The ACCC released a draft determination on 17 October indicating that it will not grant approval of the new edition of the Code unless those amendments are made.  The proposed …

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Isolated genes patentable: Cancer Voices Australia v Myriad Genetics

BREAKING NEWS: Full Federal Court finds that isolated genetic material is patentable subject matter as an artificially created state of affairs.

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“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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