D’Arcy v Myriad Genetics Inc.

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On 7 October 2015, the High Court of Australia unanimously allowed Ms D’Arcy’s appeal from the Full Federal Court decision in D’Arcy v Myriad Genetics Inc (2014) 224 FCR 479 (‘D’Arcy’), holding that Myriad’s claims to isolated nucleic acids were not patentable subject matter. The decision relates to Australian Patent 686004, which includes claims to …
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Last Hurrah for Dallas Buyers Club?

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The Federal Court has dismissed the latest attempt by the makers of the film Dallas Buyers Club to pursue copyright infringement claims against internet subscribers. Initially, in Dallas Buyers Club LLC v iiNET Limited [2015] FCA 317, the Court made a preliminary discovery order requiring various Australian Internet Service Providers (ISPs) to turn over details …
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Full Federal Court rejects patent for computer-implemented invention

On 11 December 2015, the Full Court of the Federal Court of Australia in Commissioner of Patents v RPL Central Pty Ltd [2015] FCAFC 177 has confirmed that a scheme or idea implemented on a generic computer, using standard software and hardware, is unpatentable. In essentially following and expanding upon the reasoning in its earlier …
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UPDATE: ‘Gene Patents’ Examination Practice

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IP Australia has released its revised examination practice following the High Court ‘gene patents’ decision in D’Arcy v Myriad. The practice applies immediately to pending applications. In considering the principles and approach taken by the High Court, the examination practice sets out that it is useful to ask: What is the substance of the claim …
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Congratulations to our client ANCA on winning Australian Exporter of the Year 2015

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Phillips Ormonde Fitzpatrick would like to congratulate our client  ANCA (Australian Numerical Controls and Automation), for receiving the prestigious Australian Exporter of the Year Award  at the 53rd Australian Export Awards held in Melbourne last Friday 27 November . ANCA was also the winner in the Manufacturing category. The awards were presented by Trade and …
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Inspire! – December 2015

This edition contains articles on: > D’Arcy v Myriad Genetics Inc. > Considerations when developing a foreign trade mark filing strategy > High Court clarifies the test for inventive step over prior art in AstraZeneca AB v Apotex > Will breakthroughs in genetic technology make genetic engineered crops more palatable? > IP protection for digital health apps …
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Congratulations to POF clients Ocius Technology and Melvelle Equipment for their wins at the Australian Technologies Competition 2015

We are delighted to announce that two of our clients, Ocius Technology and Melvelle Equipment, were winners at last night’s Australian Technologies Competition 2015. The Australian Technologies Competition recognises Australia’s leading companies in the technology sector. The awards are presented to those who are deemed to have the greatest potential to deliver gains in efficiency …
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