Review of 2010 patent cases

Patent lawyers were kept busy throughout 2010, in a year which saw a company director being found liable for patent infringement, the Courts emphasising the importance of full and frank disclosure when seeking patent amendments, the first consideration of section 223 of the Patents Act, changes to patent prosecution practice, and legislative reform.  For a recap of all the significant Australian patent decisions handed down in 2010, check out the Mallesons 2010 Patents Review, available here. read more...

Subjects: Patents

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A turning point for interlocutory injunctions in patent cases

The Federal Court of Australia recently dismissed an application for an interlocutory injunction made by the sanofi-aventis group against Hospira and Interpharma.  This has allowed Hospira and Interpharma to launch generic versions of the oncology drug docetaxel as planned, pending the outcome of a full trial.  Justice Jagot's decision is significant because in recent years most applications for an interlocutory injunction in pharmaceutical and medical device patent cases have been successful.  Mallesons represented Hospira in this litigation.  You can read more about the case i read more...

Subjects: Patents

Allowability of amendments under section 102 of the Patents Act

Otsuka Pharmaceutical Co (Otsuka) and Bristol Meyers Squibb (BMS) are the patentee and exclusive licensee of a patent relating to aripiprazole (an antipsychotic used to treat schizophrenia).  In 2009, the patentee proposed certain amendments to the patent.  This request was made following an adverse report by the Commissioner of Patents during re-examination of the patent under section 97(2) of the Act. 
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Subjects: Patents

Copyright licensing and a cautionary (fairy) tale

Last week it was reported that DreamWorks LLC, the studio behind the popular animated franchise, "Shrek", is regretting its decision to allow men's magazine VMan to use characters from the film in a fashion photo shoot.  The photos features characters such as Shrek, Princess Fiona and Donkey in a variety of scenes, "posing" with scantily-clad models.  The magazine spread has drawn a lot of publicity — some good, some bad — and the photos have variously been described as "racy", "sultry" and even read more...