Australia follows suit in gene patent battle

In March, we blogged on the decision of a US district judge which held that patents directed to the detection of inheritable breast cancer were invalid (click here to read our earlier post).  Hot on the heels of the US decision comes an attack on the validity of Myriad Genetics’ Australian patent for the gene mutation BRCA1 (commonly known as the breast cancer gene). 

read more...
Subjects: Patents

Myriad of claims imperilled following US ruling on breast cancer gene patent

A US district judge has ruled that patents directed to the detection of inheritable breast cancer are invalid, on the basis that the invention was directed towards a law of nature.  The patents were in the name of Myriad Genetics, Inc and were challenged by the American Civil Liberties Union and other advocacy groups. We blogged on the case earlier this year.

read more...
Subjects: Patents

“To authorise” has the same meaning for patents and copyright

Authorisation seems to be the flavour of the month.  Hot on the heels of the iiNet decision regarding authorisation liabliity for copyright infringement, Justice Bennett handed down judgment in Inverness Medical Switzerland GmBH v MDS Diagnostics Pty Ltd [2010] FCA 108, in which her Honour had cause to consider the meaning of "authorise" under s 13 of the Patents Act 1990 (Cth) (Patents Act read more...

Subjects: Patents

Fighting Simulated Fire with Simulated Fire

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.

read more...