An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal as of 29 June 2012.
In the past week, the following intellectual property cases were commenced in the week ending 29 June 2012:
| File Number | Applicant | Respondent | Type | Status |
| NSD904/2012 | Bayer Pharma Aktiengesellschaft | Genentech, Inc | Patents | Originating application filed, first directions set for 24 July 2012 |
| SYG1379/2012 | Microsoft Corporation | Graeme Orchard As Trustee for The Orchard Family Trust Trading As ‘Techro’ ABN 59 921 709 366 | Copyright | Application filed, first court date set for 30 July 2012 |
| SYG1380/2012 | Microsoft Corporations and Microsoft Pty Limited ACN 002 589 460 | Shaozhuo Tan Trading as “Answer 750607” | Trade Marks | Application filed, first court date set for 25 July 2012 |
| QUD311/2012 | N & E Bowder Pty Ltd (ACN 097 150 742), Hay Queensland Pty Ltd (ACN 110 494 454) and Belmark Rural Pty Ltd (ACN 111 679 693) | Australian Keg Company Pty Ltd (ACN 097 150 742) | Patents | Originating application filed, directions set for 31 July 2012 |
| NSD875/2012 | Trend Imports Pty Limited (ABN 50 087 277 512) | Pw Imports Pty Limited (ABN 50 087 277 512) and Pw Retail Pty Ltd (ACN 128 572 574) | Trade Marks | Originating application filed, mention held on 27 June 2012, directions set for 20 July 2012. |
In the past week, the following case developments occurred:
| File Number | Applicant | Respondent | Type | Development |
| MLG560/2012 | Rajan Basnet | Shiva Prasad Thati & Rakesh Singh Karayat | Trade Marks | Discovery allowed in proceeding, new hearing date set for 13 February 2013. |
| VID423/2012 | Denward Oaks Pty Ltd | Caravans Australia Pty Ltd | Trade Marks | Interlocutory Hearing held, adjourned until further interlocutory hearing set for 30 July 2012, proceeding listed for trial commencing on 31 August 2012. |
| NSD752/2012 | Bills Licensing Pty Ltd (ACN 115 442 656), Bills Restaurants Pty Ltd (ACN 002 116 298) and Mr William Ronald Granger | Murdoch Books Pty Ltd (ACN 087 351 273) | Copyright | Further Directions set for 4 July 2012.Further to our reporting of NSD752/2012 Fairfax reported on this case on the 25 June 2012, click here to read the full article. |
| NSD709/2012 | Samsung Electronics Australia Pty Limited (ACN 002 915 648) andSamsung Electronics Co. Limited | Apple Inc., Apple Pty Limited (ACN 002 510 054) and Commissioner Of Patents | Patents | The court has ordered that this case be heard in conjunction with NSD1243/2011 (Apple’s case against Samsung), pursuant to rule 30.11 of the Federal Court Rules 2011. Also, the court ordered the notice of competency be heard at the same time as the application for review. |
In the past week, the following cases were finalised:
| File Number | Applicant | Respondent | Type | Outcome |
| VID404/2012 | Mr Michael Shea | Joseph Patterson | Copyright | Case Finalised – Granted/Allowed by Consent
Orders of the Court: Respondent must produce a copy of the software and a list of any modifications made to the software between 1 February 2012 and 15 June 2012. Respondent cannot destroy or modify any software program which is used to conduct business online Applicant’s expert witness to provide an expert report to the court |
| SYG1018/2012 | Phonographic Performance Company Of Australia Limited (ACN 000 680 704) | Soho Workshop Pty Limited (ACN 096 016 590) | Copyright | Finalised – Dismissed by Consent |
| QUD232/2012 | CPA Australia Ltd (ACN 008 392 452) | Colin Adrian Edwards | Trade Marks | Finalised – Case Dismissed
Orders of the court: Respondent must cease infringing the following registered trade marks: using the designation “Certified Practising Accountant” and using the designation “CPA” Respondent must also return to the applicant all Public Practice Certificates |
| VID361/2012 | J.C.’S Quality Foods Pty Ltd (ACN 073 318 957) | Ege Fine Foods Australia Pty Ltd (ACN 060 882 297) | Trade Marks | Finalised – Discontinued/Withdrawn |
| NSD686/2012 | Snack Foods Limited (ABN 92 007 130 501) | Jane Elizabeth Spiller | Trade Marks | Finalised – Granted/Allowed by Consent
Orders of the Court: Respondent permanently restrained from advertising, promoting, selling, offering to sell, supplying, offering to supply or distributing popcorn or any other snack foods with reference to the name “KETTLE CORN” or any other mark substantially identical or deceptively similar to the mark “KETTLE” Respondent must destroy all popcorn and other snack food products and all marketing and promotional material containing any reference to “KETTLE CORN” Respondent must cancel South Australian Business Name Registration BN04817928 for “KETTLE CORN” Respondent must transfer the domain name registration for www.kettlecorn.com.au to the Applicant |
