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Australian Federal Court finds computer-implemented business method patentable

Sat, 03/23/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Simon Reynolds and Ayesha Lee SPRUSON & FERGUSON
Volume: 31
Year: 2019

In Rokt Pte Ltd v Cmr of Patents , 1 the Australian Federal Court has overturned a decision by the Commissioner of Patents and concluded that a computer-implemented business method is patent-eligible subject matter. In doing so, the Federal Court clarified that the assessment of patentable subject matter requires the consideration ...

Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd

Sat, 03/23/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter Knight and Jeren Gul BANKI HADDOCK FIORA
Volume: 31
Year: 2019

Takeaway points • The arrangement of reference designators (text and numerals) on a printed circuit board (PCB) qualified as both an artistic work and a literary work in which copyright subsists. • Likewise, engineering draws for the assembly including the PCB were also literary works as well as artistic works. ...

The swinging pendulum of patentable subject matter in Australia

Sat, 03/23/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Dr Hedie Meka and Barry Eagar EAGAR & ASSOCIATES
Volume: 31
Year: 2019

Introduction The law relating to what constitutes proper subject matter for a patent is a moving target in Australia. However, the authorities have set down some guidelines for interpreting s 18(1)(a) of the Patents Act 1990 (Cth) relating to manner of manufacture. According to the Australian Patent Office (APO) Manual of ...

When there’s no substitute for calculating damages: Generic Health Pty Ltd v Bayer Pharma Aktiengesellschaft

Sat, 03/23/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Stuart D’Aloisio and Melanie Kitchin ASHURST
Volume: 31
Year: 2019

Introduction The Full Federal Court has held that, when calculating damages for lost profits arising from patent infringement, a discount should be applied to reflect the uncertainty of whether the patentee would actually have made the sales that were in fact made by the infringing party. Even in cases where ...

When will a user interface be patentable? — Australian Patent Office v Apple

Sat, 03/23/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Nik Ramchand DAVIES COLLISON CAVE
Volume: 31
Year: 2019

Extract A delegate at the Australian Patent Office (APO) has cautioned against taking an overly narrow approach to patentable subject matter issues, and in giving Apple Inc some guidance on how to have a fancy user interface protected, has reinforced the requirement that inventions must be sufficiently “technical”. Introduction Computer-implemented ...

Aspects of compensation under the usual undertaking: Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland SPRUSON & FERGUSON
Volume: 31
Year: 2019

Introduction The decision of Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth 1 ( Sigma Pharmaceuticals ) explores several aspects of compensation pursuant to the usual undertaking as to damages given in return for orders imposing an interlocutory injunction on a respondent in a patent infringement case. This includes the approach to ...

E-trading patent refused for lacking technical substance

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Mattia Pagani and Chris J Carter DAVIES COLLISON CAVE
Volume: 31
Year: 2019

Extract The Australian Patent Office (APO) has found that an invention in the field of electronic trading (e-trading) was not a manner of manufacture. The decision, delivered during a hearing, disagreed with the technical characterisation of the invention presented by the applicant, and found that the substance of the invention ...

Government takes (some) steps to implement intellectual property law reforms recommended by the Productivity Commission

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Anita Cade and Ted Talas ASHURST
Volume: 31
Year: 2019

Key takeaways • The Australian Government has proposed a significant set of reforms to Australia’s intellectual property (IP) laws that, in part, adopt recommendations made by the Productivity Commission in 2016. • The reforms make significant changes to Australia’s various IP regimes, particularly in relation to the Patents Act 1990 ...

Will Australia’s blocking injunction regime keep up with the pirates?

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Peter FitzPatrick and Rebekah Gay HERBERT SMITH FREEHILLS
Volume: 31
Year: 2019

Introduction This article considers a number of recent cases in the UK and Australia that sought blocking injunctions aimed at operators using “set-top boxes” to stream content illegally. It considers the differences between the legislation in the two jurisdictions and the different approaches taken in the cases brought by rights ...

WTO panel decision: Australia’s tobacco plain packaging legislation not in violation of TRIPS

Wed, 02/06/2019 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lisa Neilson FB RICE
Volume: 31
Year: 2019

The long-awaited World Trade Organization (WTO) Dispute Settlement Panel’s (Panel) decision regarding Australia’s legislation requiring tobacco products be sold in plain packaging, was handed down on 28 June 2018. In its almost 900-page decision, the WTO placed the Australian Government’s objective of the Tobacco Plain Packaging Act 2011 (Cth) (TPP), ...