An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal as of 3 May 2013.
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In the past week, the following intellectual property cases were commenced in the week ending 3 May 2013:
| File No. | Applicant(s) | Respondent(s) | Type | Details |
| VID317/2013 | Blue Gentian LLC | Product Management Group Pty Ltd | Patents | Originating Application filed |
| VID332/2013 | Shane Robert Miles | Commissioner of Patents | Patents | Originating Application for Relief Under Section 39B Judiciary Act 1903
|
| NSD734/2013 | Reckitt Benckiser Healthcare UK Ltd | GlaxoSmithKline Australia Pty Ltd | Patents | Originating Application Filed + Interlocutory Application.
Interlocutory to be heard on 6 May. |
| VID325/2013 | Glass Vice Holdings Limited | Jay Marc Industries Pty Ltd & Anor | Patents | Originating Application filed |
In the past week, the following case developments occurred:
| File No. | Applicant(s) | Respondent(s) | Type | Development | ||
| NSD1243/2011 | Apple Inc. & Anor | Samsung Electronics Co. Limited & Anor | Patents | Interlocutory Hearing part heard on 2 May. Order: Apple’s Notice to Produce dated 24 April 2013 be set aside. Further hearings set for 11 March to 13 Dec 2013 | ||
| NSD1429/2011 | Aristocrat Technologies Australia Pty Ltd | Konami Australia Pty Ltd | Patents | Administrative Listing: Directions hearing scheduled for 24 May. | ||
| NSD1517/2007 | Mainline Corporate Holdings Ltd | Fexco Merchant Services & Ors | Patents | Administrative Listing: Order – Applicant to file Evidence in answer re proposed amendments to specification. Patent | ||
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patents | Administrative Listing: Directions hearing: Order: Commonwealth file Points of Claim by 17 May 2013; Respondents file Points of Defence by 14 June 2013. | ||
| NSD1829/2012 | Aristocrat Technologies Australia Pty Limited | Konami Australia Pty Ltd | Patents | Administrative Listing: Directions hearing set for 24 May 2013. | ||
| NSD308/2013 | Apple Inc. & Anor | Samsung Electronics Co. Limited & Anor | Patents | Interlocutory Hearing part heard on 2 May. Order: Apple’s Notice to Produce dated 24 April 2013 be set aside. Further hearings set through to 13 June 2013 | ||
| NSD310/2013 | Samsung Electronics Co. Limited & Anor |
|
Patents | Part Heard, further hearings set for 11 March to 17 May 2013 | ||
| NSD320/2013 | 1-800-Flowers.com, Inc | Flowerscorp Pty Ltd | Trade marks | Administrative Listing: Directions hearing set down for 24 May 2013 | ||
| NSD709/2012 | Samsung Electronics Co. Limited & Anor | Commissioner of Patents & Ors | Patents | Part Heard, further hearings set through to 17 May 2013 | ||
| VID1008/2011 | Ranbaxy Laboratories Limited & Anor | AstraZeneca AB & Anor | Patents | Administrative Listing: Judgment set for 13 May 2013. | ||
| VID638/2012 | Cavallini Papers & Co, Inc | Zetta Florence Trading Ptd Ltd & Ors | Copyright | Finalised – Discontinued / Withdrawn: Order that 2nd, 3rd, 4th Respondents & Zetta Florence
forever refrain from applying the name CAVALLINI or CAVALLINI & CO, without the Applicant’s consent etc |
||
| VID644/2012 | British American Tobacco Australasia Limited | Khaled Ahmad Taleb & Ors | Trade marks | Administrative Listing: Order: Applicant file application to fix damages and costs by 8 May.
Respondent file affidavits in answer by 22 May. Applicant file affidavits in reply by 5 June. Parties file outline of submissions by 11 July.
|
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| VID765/2010 | ACP Machinery Australia Pty Limited | Aerospace Technologies of Australia Limited | Copyright | Part Heard: Adjourned – Judgment Reserved on 1 May | ||
| NSD1669/2012 | Mercedes Pearl Esma Corby & Ors | Allen & Unwin Pty Ltd | Copyright | Variation of previous Orders:
All books in possession of Allen & Unwin be destroyed save for 12 copies to go to Corby’s Solicitors. |
||
| NSD2035/2012 | Apotex Pty Limited | Merck Sharp & Dohme Corp & Anor | Patents | Directions: Order: Merck Sharp & Dohme (Australia) Pty Ltd be joined as the 4rd Respondent.
Case management conference set down for 18 June 2013. |
||
| VID765/2010 | ACP Machinery Australia Pty Limited | Aerospace Technologies of Australia Limited | Copyright | Part Heard: Adjourned – Judgment Reserved | ||
| VID990/2011 | Vendor Advocacy Australia Pty Ltd | Peter Seitanidis | Copyright | Directions Hearing: Order: Leave granted to Applicant to re-open case and file further evidence.
Further hearing of the proceeding set for 20 May 2013 |
||
| NSD1124/2012 | Enviro Pak Pty Ltd | New Horticulture Pty Ltd t/as Green Pack | Design | Subpoena Orders: Uplift – leave to uplift documents on conditions
Inspect – leave to inspect and copy in the Registry |
||
| VID765/2010 | ACP Machinery Australia Pty Limited | Aerospace Technologies of Australia Limited | Copyright | Adjourned – Judgment Reserved | ||
| NSD51/2012 | Apotex Pty Ltd | Les Laboratoires Servier | Patents | Administrative Listing: Order: By 10 May, Servier file list of docs in the categories for discovery marked Annexure ‘A’. Apotex to file any further evidence in answer 21 June 2013.
Servier file and serve any evidence in reply by 27 July 2013 |
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| QUD762/2012 | Accor Australia & New Zealand Hospitality Pty Ltd & Anor | Liv Pty Ltd & Ors | Trade marks | Directions | ||
| SYG3033/2012 | Naomi Ann Frost | Lowes – Manhattan Pty Ltd | Copyright | Order: proceedings be dismissed | ||
| NSD1368/2010 | Adidas AG & Anor | Pacific Brands Footwear Pty Limited | Trade marks | Judgment: 3 May 2013 @ 9:30AM | ||
| NSD395/2011 | Vehicle Monitoring Systems Pty Limited | Sarb Management Group Pty Ltd T/A Database Consultants Australia | Patents | Judgment: 3 May 2013 @ 14:15 PM | ||
| VID611/2012 | Louis Vuitton Malletier | Sonya Valentine Pty Ltd & Ors | Trade marks | Directions | ||
| VID768/2010 | Connect TV Pty Ltd | All Rounder Investments Pty Ltd & Ors | Copyright | Judgment: 3 May 2013 @ 16:15 PM |
In the past week, the following cases were finalised:
| File No. | Applicant(s) | Respondent(s) | Type | Outcome |
| NA | ||||
| NA |