Mallesons IP Whiteboard

New momentum to ban gene patents

Mallesons IP Whiteboard — Wed, 16 May 2012 10:19:31 +1000

The debate on the patenting of genes has resurfaced with plans to introduce a new private members’ bill banning the patenting of genetic materials. read more »

High Court refuses application for special leave to appeal Full Court finding that extended release venlafaxine patent invalid

Mallesons IP Whiteboard — Mon, 14 May 2012 11:03:45 +1000

On Friday, Justices Gummow, Hayne and Keiffel refused an application for Special Leave to appeal to the High Court a decision of the Full Court of the Federal Court which found that Wyeth's patent relating to a method of treatment using an extended release formulation of the anti-depressant venlafaxine was invalid for lack of fair basis on the specification as filed, and on the ground that the claims were not fairly based on an earlier US priority document.

King & Wood Mallesons acted for Alphapharm in opposing the application for special leave.

read more »

Google and Mr Brainwash in a Purple Haze over Hendrix and Coltrane images

Mallesons IP Whiteboard — Fri, 11 May 2012 16:59:59 +1000

Google has been accused of copyright infringement for using photographs of Jimi Hendrix and John Coltrane in advertising its Google Music service. The action has been brought in the United States District Court for the Central District of California by the estate of James “Jim” Marshall, a photographer renowned for his iconic photographs of popular musicians (not to be confused with the James “Jim” Marshall who founded Marshall Amplification – or, indeed, James “Jimi” Marshall Hendrix). read more »

Optus applies for special leave to appeal to the High Court in TV Now case

Mallesons IP Whiteboard — Fri, 11 May 2012 08:47:09 +1000

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 »

heArt Attack Grill – from Bourgeois to Burger, Dali to Deli meats

Mallesons IP Whiteboard — Fri, 04 May 2012 11:06:00 +1000

While watching a news report of last week’s unfortunate incident involving another patron collapsing at Heart Attack Grill (‘HAG’, which we blogged about here), we couldn’t help noticing background art work which closely resembled that of Salvador Dali. Then, we discovered this treasure trove, a Facebook album of HAG Art, HAG’s very own takes on famous pieces by Magritte, Warhol, Botticelli, Michelangelo and Rodin, to name a few. It seems it’s not only life imitating art (with customers suffering heart attacks) at Heart Attack Grill. It could be a case of art imitating art. It is interesting to consider the potential IP issues which could arise from this kind of ‘offshoot’ art work. read more »

Heart Attack Grill claims another patron, while trade mark dispute continues

Mallesons IP Whiteboard — Thu, 03 May 2012 12:00:12 +1000

We previously posted about a patron of Heart Attack Grill suffering a heart attack, and about HAG’s trade mark dispute with 2nd Ave Deli, New York. Last week in Las Vegas, another patron collapsed while allegedly “eating a double bypass burger, drinking a margarita and smoking a cigarette”. read more »

The AFL, NRL & Telstra successfully appeal Optus TV Now decision

Mallesons IP Whiteboard — Fri, 27 Apr 2012 16:56:50 +1000

The Australian Football League, National Rugby League and Telstra Corporation have succeeded in their appeal against Optus and its parent company, Singtel Optus, for breach of copyright in relation to Optus’ TV Now service. read more »

Two bands, One Direction: court!

Mallesons IP Whiteboard — Fri, 27 Apr 2012 15:36:07 +1000

It seems that originality continues to be an issue for boy bands. “Well-known” UK teen heartthrobs One Direction may have taken a step in the wrong direction as media reports emerged concerning the filing of a lawsuit in the Californian US District Court alleging trade mark infringement and seeking an injunction preventing them from using that name. The suit was filed by none other than One Direction, a US group with the same name, which they allege they have been using since late 2009. read more »

Full Federal Court to hear appeal against generic drug injunction

Mallesons IP Whiteboard — Fri, 27 Apr 2012 14:59:21 +1000

On 23 April 2012, Katzmann J delivered a judgment that will see the Full Federal Court reconsider an interim (interlocutory) injunction imposed on Generic Health (GH) in relation to the anti-psychotic drug aripiprazole. The effect of Katzmann J’s orders is to allow the Full Federal Court to hear the application for leave to appeal immediately before, or simultaneously with, the appeal itself. read more »

Update: High Court unanimously dismisses appeal in Roadshow Films v iiNet

Mallesons IP Whiteboard — Fri, 20 Apr 2012 13:24:34 +1000

As reported earlier today, the High Court unanimously dismissed the appeal brought by Roadshow Films Pty Ltd and a number of other film and television companies from a decision of the Full Federal Court in Roadshow Films Pty Ltd & Ors v iiNet Limited [2012] HCA 16. read more »