US moves closer to Australia on assignment of employee inventions:Bayh-Dole no saviour for government-funded research institutes

In the US, the Bayh-Dole Act of 1980 (“Act”) is considered by some to be the most “inspired” legislative enactment of the 20th century.  The provisions of the Act are few and (seemingly) straightforward.  Contractors — universities, national laboratories, teaching hospitals and the like — that enter into a research funding agreement with a US federal government agency are granted a right to ownership of any invention that is created in the course of the funded research.  In re read more...

Subjects: Contracts | Patents

Game on for Sony as LG blocks imports of PS3s into the Netherlands

Last week the Civil Court of Justice in the Hague awarded electronics company LG a preliminary injunction against rival manufacturer Sony, ordering the seizure of all new imports of PlayStation 3 (PS3) consoles into the Netherlands for a period of at least 10 days.  LG claims that Sony’s popular home video console infringes several of its patents relating to the playback of Blu-ray disks.  The ruling has resulted in tens of thousands of PS3 consoles being seized by Dutch customs authorities whilst the temporary injunction is in place.

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Subjects: Patents

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

Gene patent amendment bill introduced

On 24 November 2010, the Patent Amendment (Human Genes and Biological Materials) Bill 2010 was introduced in the Senate.  This private Senator’s bill proposes to, among other things, expressly exclude “human beings, and the biological processes for their generation” and “biological materials” (which are defined to include DNA, RNA and proteins) from patentability.  The text of the bill can be found here.

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Subjects: Patents

You say potato, I say perpetual, irrevocable and transferable licence

There has been a fair bit of recent comment in the blogosphere about  Vernor v Autodesk, a case decided by the US 9th Circuit Court of Appeals in September (the 9th Circuit covers California and Washington State, which means that it often deals with technology-related cases).  Keen students of IP law in Australia would already have a fondness for Autodesk, given that it was Autodesk’s software that led to the High Court of Australia considering intellectual property r read more...

Subjects: Copyright | Technology

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