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Bayer v Generic Health: A yardstick for pharmaceutical patent infringement damages

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sarah-Jane Frydman and James Ellsmore KING & WOOD MALLESONS
Volume: 30
Year: 2017

Introduction Bayer has been awarded more than $25 million, plus interest and indemnity costs, in what is the first Federal Court award of damages for pharmaceutical patent infringement. 1 The decision is likely to provide some direction for resolving future claims for damages for the infringement of pharmaceutical patents. The ...

Federal Court, Full Federal Court confirm the act applying for PBS listing is not of itself an “offer to supply” amounting to infringement of a patent

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland and Scott Sloan DIBBSBARKER
Volume: 30
Year: 2017

Introduction A recent decision of the Federal Court of Australia, upheld by the Full Federal Court on appeal, has established that an application under the National Health Act 1953 (Cth) (NHA) to list therapeutic goods on the Pharmaceutical Benefits Scheme (PBS), where those goods are the subject of a patent, does ...

Just Group Ltd v Nicole Peck

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Glenn McGowan QC GADENS
Volume: 30
Year: 2017

Take away tips Restraint of trade contracts with employees, to maximise their chances of being enforced, should preferably be drafted: • in respect of a clearly reasonable area (optionally with cascading areas) • in respect of a clearly reasonable period (optionally with cascading periods) • in respect of only obligations ...

Registered designs in Australia and New Zealand

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Anton Blijlevens AJ PARK
Volume: 30
Year: 2017

Registered designs to protect a product shape can be a cost-effective and valuable form of intellectual property (IP). Registered designs are often very quick to be approved compared to other forms of IP. This provides the owner with enforceable rights well before many other forms of IP rights are granted ...

The Unitary Patent and the Unified Patent Court: what you need to know about patent law changes in Europe

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Serena White SHELSTON IP
Volume: 30
Year: 2017

Key points • Existing European patents and pending applications will both be affected by the new legislation. • It will be possible to request unitary patent protection in respect of European patents which grant after the new legislation comes into force. However, a unitary patent will not cover all contracting ...

Tolkien Estate Ltd v Saltalamacchia

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lisa Archbold SHARON GIVONI CONSULTING
Volume: 30
Year: 2017

Introduction I wish the Ring had never come to me. I wish none of this had happened.          — JRR Tolkien, The Lord of the Rings These words may ring true not only to Frodo from The Lord of the Rings , but also to Alexander Thomas Saltalamacchia, the respondent in ...

Bayer v Generic Health: A yardstick for pharmaceutical patent infringement damages

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sarah-Jane Frydman and James Ellsmore KING & WOOD MALLESONS
Volume: 30
Year: 2017

Introduction Bayer has been awarded more than $25 million, plus interest and indemnity costs, in what is the first Federal Court award of damages for pharmaceutical patent infringement. 1 The decision is likely to provide some direction for resolving future claims for damages for the infringement of pharmaceutical patents. The ...

Federal Court, Full Federal Court confirm the act applying for PBS listing is not of itself an “offer to supply” amounting to infringement of a patent

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland and Scott Sloan DIBBSBARKER
Volume: 30
Year: 2017

Introduction A recent decision of the Federal Court of Australia, upheld by the Full Federal Court on appeal, has established that an application under the National Health Act 1953 (Cth) (NHA) to list therapeutic goods on the Pharmaceutical Benefits Scheme (PBS), where those goods are the subject of a patent, does ...

Just Group Ltd v Nicole Peck

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Glenn McGowan QC GADENS
Volume: 30
Year: 2017

Take away tips Restraint of trade contracts with employees, to maximise their chances of being enforced, should preferably be drafted: • in respect of a clearly reasonable area (optionally with cascading areas) • in respect of a clearly reasonable period (optionally with cascading periods) • in respect of only obligations ...

Registered designs in Australia and New Zealand

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Anton Blijlevens AJ PARK
Volume: 30
Year: 2017

Registered designs to protect a product shape can be a cost-effective and valuable form of intellectual property (IP). Registered designs are often very quick to be approved compared to other forms of IP. This provides the owner with enforceable rights well before many other forms of IP rights are granted ...

The Unitary Patent and the Unified Patent Court: what you need to know about patent law changes in Europe

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Serena White SHELSTON IP
Volume: 30
Year: 2017

Key points • Existing European patents and pending applications will both be affected by the new legislation. • It will be possible to request unitary patent protection in respect of European patents which grant after the new legislation comes into force. However, a unitary patent will not cover all contracting ...

Tolkien Estate Ltd v Saltalamacchia

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lisa Archbold SHARON GIVONI CONSULTING
Volume: 30
Year: 2017

Introduction I wish the Ring had never come to me. I wish none of this had happened.          — JRR Tolkien, The Lord of the Rings These words may ring true not only to Frodo from The Lord of the Rings , but also to Alexander Thomas Saltalamacchia, the respondent in ...

Australia’s looming patent crisis

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Paula Natasha Chavez KNOWLEDGE LAW OFFICES
Volume: 30
Year: 2017

Takeaways • Australian stock valuations are probably depressed by low patent activity. • Australian companies hold no defensive patent portfolios to assert in defence against corporate behemoths moving into Australia. • Australian company boards may be liable for patent infringement risk mismanagement. As recently noted by Minister for Foreign Affairs ...

Internet website blocking and the application of s 115A of the Copyright Act

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Ian Robertson and Sarah Butler HOLDING REDLICH
Volume: 30
Year: 2017

Key points • Under s 115A of the Copyright Act 1968 (Cth), copyright owners can apply for a court order which requires carriage service providers (CSPs) to block access to an overseas website if that website has the primary purpose of infringing copyright, or facilitating the infringement of copyright. • Orders under ...

Key principles in the assessment of additional damages for copyright infringement

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Tim Webb and Ella Alexander CLAYTON UTZ
Volume: 30
Year: 2017

Tips for practitioners • The quantum of additional damages bears no relationship to the compensatory damages awarded in any given case. For plaintiffs, the availability of additional damages may make an otherwise uneconomic claim worthwhile. • Additional damages may be awarded in circumstances where infringement of copyright is particularly flagrant, ...

Switched on judge turns off CLIPSO trade mark

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Alison McGinn BANKI HADDOCK FIORA
Volume: 30
Year: 2017

Introduction Earlier this year, Clipsal, Australia’s best-known electrical accessories brand, had a significant victory against a trader using the name “Clipso” to market and sell electrical goods, including a light switch virtually identical to Clipsal’s classic “dolly” shape (for which Schneider Electric (Australia) Pty Ltd owns a registered trade mark). ...

Unjustified threats of patent infringement: recent decisions

Tue, 09/12/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Doug Horton CULLENS PATENT AND TRADE MARK ATTORNEYS
Volume: 30
Year: 2017

Before threatening a third party with infringement of a patent, it should be kept in mind that the alleged infringers can pursue the person making the threat for relief (including damages) if the threats are held to be unjustified. 1 This issue was discussed in the December 2014 issue of the ...

A restatement of relief against contractual penalties (II): A framework for applying the Australian and English approaches

Tue, 09/05/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Journal of Equity
Author: Nicholas A Tiverios*
Volume: 11

Introduction Two approaches 1 to the penalties doctrine can be discerned from the decisions of the highest courts of Australia and the United Kingdom in Andrews v Australia and New Zealand Banking Group Ltd , 2 Paciocco Australia and New Zealand Banking Group Ltd , 3 Cavendish Square Holding BV ...

Remedies against an alter ego knowing recipient: Akita Holdings Ltd v Attorney-General (Turks and Caicos Islands)*

Tue, 09/05/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Journal of Equity
Author: Jamie Glister^
Volume: 11

Citizens of the Turks and Caicos Islands could apply for ‘Conditional Purchase Leases’ of Crown Land. Under this scheme, the citizen would promise to develop land in a certain way. Assuming that development happened, the citizen would then be entitled to purchase the freehold. The purchase price would be the ...

The creation of express trusts

Tue, 09/05/2017 - 22:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Journal of Equity
Author: Ying Khai Liew* and Charles Mitchell^
Volume: 11

1 Introduction ‘As a general rule, it has been laid down, that when property is given absolutely to any person, and the same person is, by the giver who has power to command, recommended, or entreated, or wished, to dispose of that property in favour of another, the recommendation, entreaty, ...

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