Mallesons IP Whiteboard - Patents

Which is the best area of intellectual property law? Google Ngram provides an answer

Mallesons IP Whiteboard — Wed, 18 Jan 2012 15:00:00 +1100

This week I asked myself a very serious question: Which type of intellectual property law is the best? read more »

Breaking news – Apple’s application for special leave refused

Mallesons IP Whiteboard — Fri, 09 Dec 2011 17:05:35 +1100

Samsung is free to sell the Galaxy Tab 10.1 in Australia. The High Court has refused to grant Apple leave to appeal the decision of the Full Bench of the Federal Court, which removed an interlocutory injunction banning sales of the device in Australia. The transcript from the special leave application can be read here. read more »

Breaking news - Samsung beats injunction; Apple foreshadows High Court appeal

Mallesons IP Whiteboard — Thu, 01 Dec 2011 10:01:32 +1100

The Full Bench of the Federal Court has unanimously agreed to overturn the interlocutory injunction preventing Samsung selling the Galaxy Tab 10.1 in Australia. The appeal was heard by Justices Dowsett, Foster, and Yates on 25 November 2011. Their decision overturns the interlocutory injunction granted by Justice Bennett on 13 October. read more »

Justice Jagot rejects ‘manifestly absurd and unreasonable’ construction of new copyright exemption for PI documents

Mallesons IP Whiteboard — Fri, 25 Nov 2011 17:05:09 +1100

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 »

Hospital and doctor dispute on the duty to invent ends in 1-1 draw

Mallesons IP Whiteboard — Tue, 22 Nov 2011 14:35:41 +1100

Dr Alexander: “They’re both mine.”

Royal Children’s Hospital: “No, they’re both mine.”

Commissioner of Patents: “Stop fighting - you can each have one.” read more »

Doom delayed: thanks to a software patent

Mallesons IP Whiteboard — Mon, 21 Nov 2011 09:43:46 +1100

What does software patent infringement actually look like? This isn’t an easy question to answer, and it is always good when a nice real world example presents itself, as occurred a few days ago in relation the first person shooter (FPS) video game Doom 3. read more »

UK enters the fray on pay for delay

Mallesons IP Whiteboard — Wed, 16 Nov 2011 15:42:24 +1100

The United Kingdom's Office of Fair Trading has joined its European and US counterparts in considering the potentially anticompetitive effect of patent litigation settlements that involve 'reverse payments'. read more »

Grandad to grand jury - Vioxx case to go to the High Court

Mallesons IP Whiteboard — Wed, 09 Nov 2011 18:01:44 +1100

The Recent Full Federal Court decision rejecting the damages claims of the representative applicant, grandfather Graeme Peterson, has been appealed to the High Court. read more »

Judgment spooks in Cipro litigation

Mallesons IP Whiteboard — Sat, 05 Nov 2011 21:53:45 +1100

On Halloween, the Californian Court of Appeal handed down its decision in the latest phase of the Cipro class action - once again rejecting the proposition that pay for delay agreements are anticompetitive per se. read more »

Global Patent Wars: Part II - Attack of the Clones

Mallesons IP Whiteboard — Fri, 04 Nov 2011 14:56:18 +1100

In the words of Ron Burgundy, "Boy, that escalated quickly". Since we first reported on the patent infringement action between Apple and Samsung in the United States and Australia, it has been all systems go between the parties. read more »