Optus has today filed an application for special leave to appeal to the High Court in relation to the Full Court of the Federal Court’s decision in National Rugby League Investments Pty Limited v Singtel Optus Pty Ltd [2012] FCAFC 59 (a copy of which can be found here). In their decision, the Full Court overturned Rares J’s judgment at first instance and held that Optus’ “TV Now” service breached the copyright rights of the Australian Football League, National Rugby League and Telstra Corpo read more »
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Remember last month’s post about Yahoo suing Facebook for infringement of 10 of its patents? It hasn’t taken Facebook long to strike back. Last week, the social networking giant brought a counterclaim in the US District Court in San Francisco in which it denies Yahoo’s claims and accuses Yahoo of violating 10 of its patents, including patents for displaying advertising, privacy and photo sharing. read more »
He is “the greatest basketball player of all time”, according to the NBA. Forbes ranks “His Airness” as the 20th most powerful celebrity in the world. He earns around $55 million a year through endorsements and is worth $1 billion in sales to Nike. A basketball star and businessman, Michael Jordan has also dabbled in acting and professional baseball … and he has a shoe named after him.
Needless to say the “Jordan” brand is worth big bucks. read more »
“Facebook me” has become part of the vernacular but, if a lawsuit filed by Yahoo! on 12 March 2012 is to be believed, we could just as easily have seen friends entreating one another to “Yahoo! me”. In the suit filed in the United Stated District Court for the Northern District of California, Yahoo! read more »
In Phonographic Performance Company of Australia Limited v Commonwealth of Australia [2012] HCA 8 the High Court found that all copyright, no matter when it originated, is subject to provisions limiting the amount of compensation the Copyright Tribunal can grant a party whose copyright is being licensed without its consent. read more »
The ACCC’s case against Apple concerning the iPad 3 emphasises the need for companies operating in multiple jurisdictions to adapt their marketing and advertising - including their websites - to ensure that they are accurate in each jurisdiction. read more »
In an era in which governments are attempting to move legal disputes out of the courtroom and encouraging mediation wherever possible, it is unusual to see a Bill which would prevent companies from settling legal disputes. Yet, that is exactly what the “Protecting Consumer Access to Generic Drugs Act of 2012” (H.R. 3995) proposes to do. read more »
The Administrative Appeals Tribunal has granted Aspen Pharmacare Australia Pty Limited a stay of a decision of the Thereapeutic Goods Administration (subsequently affirmed by the Minister for Health and Ageing) to cancel from the Australian Register of Therapeutic Goods two prescription pain killers – Di-Gesic and Doloxene. read more »
When Justice Jagot handed down her judgment in Sanofi-Aventis Australia Pty Ltd v Apotex Pty Ltd (No 3) in August this year (read our Alert here, her Honour found that Apotex’s proposed supply of a generic leflunomide product would infringe Sanofi’s patent. Her Honour also found that Apotex had infringed the copyright in Sanofi’s leflunomide product information (“PI”). Unable to agree on final orders and the effect of the Therapeutic Goods Legislation Amendment (Copyright) Act 2011 (the “Amendment Act”), Justice Jagot was called in to adjudicate. Her Honour’s decision, handed down on 18 November, is a useful bedtime read for anyone interested in the effect of the Amendment Act. read more »
The highly anticipated High Court hearing of the iiNet v Roadshow Films appeal will begin next Thursday 1 December. In a move that may devastate many technology and IP nerds who have been following the case, the High Court has requested that mobile phone and other electronic devices not be taken into the courtroom. The implication? No live twitter/facebook/blogging from the hearing. read more »