Way more than an everyday interest in IP
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January is resolution time. A universal thought takes over: “I need to quit smoking, lose weight and call my mother more!” The IP Whiteboard team are not immune to this infectious optimism, and have put together some “IP resolutions” to kick off Twenty Ten. It’s not exactly Letterman’s Top 10, and we know resolutions aren’t always kept, but here goes!
A recent decision by the United States Court of Appeals has again underscored the importance of ensuring that goods sold in the United States contain accurate patent markings. Mallesons partner John Swinson takes a close look at the salient features of the decision and the United States and Australian position on patent marking here.
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.
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.
Earlier this year, IP Australia released a number of consultation papers aimed at improving efficiency in the IP system and strengthening various validity requirements for IP, particularly in the patents context. These papers are available at IP Australia’s website. read more…
Hot off the press is the Federal Court judgment in Bitech Engineering v Garth Living [2009] FCA 1392 handed down on 26 November 2009. The case involved a patent for simulating flames in domestic room heaters. Foster J extinguished both Bitech’s claim that its patent had been infringed and the respondents’ cross-claim that the patent was invalid.
IP Australia has announced a second round public consultation on IP rights reforms. The closing date for submissions is 12 February 2010.
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.
On Wednesday 21 October 2009, the Government announced details of its $196m Commercialisation Australia initiative. Commercialisation Australia (previously known as the Commonwealth Commercialisation Institute) will open in 2010 and provide tailored assistance to those wanting to commercialise their ideas.