Archives for: ‘Kim O’Connell’

A Seven Nation Army v US Air Force Reserve

Television advertisements during the Superbowl reach one of the largest audiences in the world, so it’s not surprising that they generate controversy.  Superbowl XLIV was no exception, as alternative rock duo, The White Stripes, threatened legal action over the backing track used in a recruitment commercial for the US Air Force Reserve.  The band claimed that without their permission, the “Grab Some Air” advertising campaign used an instrumental version of their song “Fell In Love With A Girl”, including the main riff from the song.

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European Commission probes for evidence of foul play among pharmaceutical companies

The European Commission has delivered on its promise of increased scrutiny following the release of its final report into competition and patent issues in the European pharmaceutical industry.  Following its extensive inquiry, including unannounced raids on pharmaceutical companies, the Commission has now asked these companies to provide it with copies of all patent settlement agreements.

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UWA’s special leave application refused this morning

The University of Western Australia’s application for special leave to appeal was heard in Sydney this morning and early reports are saying that the High Court has refused special leave.

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Hands off my genes!

Is the grant of a patent the most effective way of encouraging medical research and innovation?  This is the question now facing a US Federal court in proceedings being led by the American Civil Liberties Union (ACLU) against Myriad Genetics and the University of Utah Research Foundation, who jointly hold the patents for the BRCA1 and BRCA2 genes (genes which are associated with breast cancer), and the US Patent and Trademark Office (USPTO).

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PPS reforms and collateral

Annie Leibovitz may arguably be the most famous photographer in the world. Her photographs have defined an era; from John Lennon and Yoko Ono on the cover of Rolling Stone to official portraits of Queen Elizabeth II. However, after it was reported that she was forced to take a loan of over $20 million to secure existing debts, it was her financial meltdown that received the most media coverage. Significantly, Leibovitz put up not only her property as collateral, but also the rights to all her current and future snaps until all her financial obligations are met.

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Don’t forget your filing dates

The recent decision in Kelvindale Products Pty Ltd v TFH Temporary Fence Hire Pty Ltd [2009] APO 25 is a timely reminder of the importance of file management systems.  This case concerned an application for an extension of time to file a Notice of Opposition.

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Protecting intellectual property in economic uncertainty – the Chinese lead by example

Last year was was a pretty grim year for economic activity.  However, while intellectual property did not avoid the effects, a recent report from the the World International Property Organisation (“WIPO”) provided some interesting findings. The number of international patent filings dropped, probably not unexpectedly, by 4.5% in 2009, with countries such as the US and Germany experiencing significant declines of over 11%.  However, it appears that not all countries were negatively affected, with applications in China increasing by 29.7% during 2009.

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High Court refuses special leave concerning enantiomer patents

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.

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High Court refuses special leave in innovation patent case

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.

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