Patents
Should Android be paranoid?

Oracle has filed a claim against Google in the US Federal Court claiming patent and copyright infringements on their mobile operating system.  read more »

:: Partner: Patrick Gunning :: Subjects: Copyright | Patents | Technology
A guarantee of non-infringement for software supplies to Australian "consumers"?

From 1 January 2011 software will be characterised as goods for the purposes of the consumer guarantee provisions of the Australian Consumer Law (ACL).  Suppliers of software will likely amend their standard licence terms to mitigate the risk of unlimited liability for losses suffered by Australian “consumers” as a result of the software infringing a third party’s IP rights.  read more »

:: Partner: Patrick Gunning :: Subjects: Contracts | Copyright | Patents
Free online tool for small businesses - Intellectual Property Explorer

A new free online tool, called Intellectual Property Explorer, is available to help small and medium sized businesses recognise, review and manage their intellectual property assets.  The Intellectual Property Explorer has a range of useful features to assist businesses in identifying their intellectual property assets, including simple and easy to understand explanations of intellectual property concepts and a handy guide to reviewing and recognising intellectual property.  read more »

:: Partner: Kim O'Connell :: Subjects: Copyright | Designs | Patents | Trade marks
Allowability of amendments under section 102 of the Patents Act

The recent Federal Court decision in Bristol-Myers Squibb Company v Apotex Pty Ltd [2010] FCA 814 is a useful reminder of the principles to be applied when assessing whether an amendment is "allowable" under section 102 of the Patents Act 1990 (Cth) (Act).  read more »

:: Partner: Wayne McMaster :: Subjects: Patents
Gene patents - a lawyers' trick?

On Tuesday night Professor Peter Cashman gave an informative lecture at the University of Sydney on the patentability of genes.  read more »

:: Partner: Kim O'Connell :: Subjects: Patents
TGA to implement alert system for new ARTG registrations

The TGA plans to implement a daily alert system to show new registrations on the ARTG. The move is the result of complaints made to the TGA by Medicines Australia in relation to originators not receiving notice when generic versions of their pharmaceutical products become registered.  read more »

:: Partner: Kim O'Connell :: Subjects: Patents
A patent a day keeps the competitors away

Over two and a half years after the release of the first iPhone, and 200,000 iPhone apps later, Apple has filed patent applications with the US Patent & Trademark Office to protect three apps (aka mobile applications) which the company has developed for its iPhone.  read more »

:: Partner: Kim O'Connell :: Subjects: Patents | Technology
EU Court restricts protection for gene patents

In a recent decision (Monsanto Technology LLC v Cefetra BV and Others), the Court of Justice of the European Union declared that patent protection for gene patents will only extend to gene sequences which are performing the specific function for which they were patented.  The decision of the Court is the first-ever judicial assessment of the extent to which European patent law will protect gene patents.  read more »

:: Partner: Kim O'Connell :: Subjects: Patents
European Commission reports on patent settlement agreements

The European Commission’s Directorate General for Competition has recently released its First Report on the Monitoring of Patent Settlement Agreements (the “Report”).  The release of the Report comes less than a week after a decision of the EU General Court confirming a decision of the Commission to fine AstraZeneca for breaches of EU competition law.  read more »

:: Partner: Kim O'Connell :: Subjects: Patents
Pharmaceutical companies kept on their toes by the European Commission

The General Court of the European Union has confirmed the decision of the European Commission’s Directorate General for Competition to fine AstraZeneca under EU competition law for using its dominant position to delay the market entry of generic versions of its blockbuster drug Losec (omeprazole), which is used in the treatment of reflux disease.  read more »

:: Partner: Kim O'Connell :: Subjects: Patents