Archives for: ‘Kim O’Connell’

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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Did Australia’s liberal approach to naming political parties backfire?!

As the dust settles on last Saturday’s Federal election, one of the more interesting outcomes to emerge is the likely election of six new Senators from five ‘micro’ parties – the Palmer United Party, the Family First party, the Australian Motor Enthusiast Party, the Australian Sports Party and the Liberal Democrats.  One of the incoming Senators is Mr David Leyonhjelm …

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A black and white ban on software patents in NZ? Not ‘as such’…

Peter Jackson made New Zealand famous for trolls, but when it comes to “patent trolls” and their potential to stifle innovation, especially in the software sphere, it appears the New Zealand legislature has been less welcoming. This week, a proposed amendment to the Patents Act to exclude computer programs (i.e. software) from patentable subject matter met with almost unanimous approval. …

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More patent changes on the way: compulsory licensing and a trans-Tasman regime

In what has already been a big year for changes to IP legislation in Australia (especially for patent law), more changes are on the way. Not to be confused with the reforms made under the Intellectual Property Law Amendment (Raising the Bar) Act 2012 (Cth), a new Intellectual Property Laws Amendment Bill 2013 (Cth) (‘the Bill’) was introduced into the …

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Just genes? Lessons from the Myriad litigation

Last month the United States Supreme Court ruled that certain naturally occurring DNA sequences (the BRCA1 and BRCA2 genes, mutations in which are associated with a significantly increased risk of ovarian and breast cancer) were a product of nature that were not rendered patentable by virtue of being isolated from the rest of the genome.  (For further details on the …

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Inventor caught in web of precedent

We recently saw the publication of an interesting decision in the United States concerning patent licences, with the US Court of Appeals for the Ninth Circuit holding that under the terms of a settlement agreement, Marvel, the owners of the Spiderman brand and franchise, were not required to pay royalties to the inventor of a Spiderman toy once the inventor’s …

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US Supreme Court tries to strike a balance between patentable and non-patentable genetic material

In a decision handed down overnight, the United States Supreme Court has found that naturally occurring DNA is a product of nature that is not rendered patentable by virtue of being isolated. Myriad, the patentee of a claim to the isolated BRCA1 and BRCA2 genes, was found to have not created or altered the generic information encoded in the genes, …

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Crown use of patents set for a shake-up

Last week, we blogged about the recommendations made by the Productivity Commission in its Report into the operation of the compulsory licensing provisions of the Patents Act.  In addition to making various recommendations on how the compulsory licensing provisions should be amended to improve their operation, and in the light of its mandate to “recommend any alternative mechanisms” to compulsory licensing, …

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