Mallesons IP Whiteboard - Latest news in copyright, trade mark and patents law from Australia and around the world

In a widely reported decision, a US district judge has ruled that patents which claim genetic sequences for the "breast cancer gene", and a method for their detection, are invalid on the basis that they are directed towards a law of nature, and therefore not an invention.  This development, if upheld by a superior court, is likely to feed into the policy debate in Australia regarding the patentability of human genes.  read more »

A recent Federal Court decision has provided useful guidance on the meaning of "authorise" under s 13 of the Patents Act 1990 (Cth).  read more »

Further to our 5 March post, in the first successful Vioxx class action anywhere in the world, the Federal Court has found that Vioxx doubled the risk of heart attack in patients. 

The High Court has refused an application by Sanofi-Aventis to appeal a decision of the Full Court of the Federal Court which found that its patent claiming the isolated enantiomer of a known racemate was invalid.  read more »

The Federal Court has handed down its findings in the case brought by class action representative Mr Graeme Peterson against Merck Sharpe & Dohme in which it was alleged that Vioxx contributed to Mr Peterson's heart attack, and that Merck had intentionally downplayed the cardiovascular risks which were associated with the drug.  Justice Jessup found that Vioxx doubled the risk of heart attack in patients, however that Merck had not intentionally turned a blind eye to the risks.  read more »

The now-familiar Facebook ‘newsfeed’ interface was launched amidst some controversy in September 2006.  Users have since been welcomed with a rundown of bite sized bits of information on the online activities of their ‘friends’.  Last week, Facebook was granted a patent in the US (filed 11 August 2006) for the method by which this ‘newsfeed’ is automatically generated and displayed to users.  In the context of the online social networking revolution, the ferocity with which the world wide web protects its freedom and speed of online innovation, this is an interesting development.

Late last year, the Advisory Council on Intellectual Property (ACIP) released its interim report on Post-Grant Patent Enforcement Strategies -- our earlier post on that report can be found here. On 19 February 2010, ACIP's final report was made public. Nine recommendations were made by the ACIP in the report, including, significantly, a proposal for the establishment of an "IP Dispute Resolution Centre" to be coordinated by IP Australia.  read more »

Australian biotech company Genetic Technologies (GTG) has commenced proceedings in the United States against nine other life sciences companies who it says are exploiting GTG’s patented non-coding (or “junk”) DNA technology without GTG’s permission.  read more »

On 12 February we reported that UWA had failed in its application for special leave to appeal the Full Federal Court’s decision in University of Western Australia v Gray [2009] FCAFC 116.  The High Court’s refusal to hear an appeal means that the Full Federal Court’s decision (that Dr Gray owns the IP in cancer-fighting microspheres developed over a period which spanned his employment by UWA) stands.  read more »

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.  read more »