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