Patent applicants and patentees may amend the claims of their patent specification to distinguish the invention from relevant prior art. The use of a disclaimer – if permissible under s 102 of the Patents Act – can be an effective strategy to limit the claim scope to the minimum extent necessary. Read more on page …
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In the recent interlocutory decision in Biogen v Pharmacor, the Federal Court has denied patentee Biogen a preliminary injunction to restrain generic manufacturer Pharmacor from selling a generic version of its successful multiple sclerosis drug, Tecfidera®. Key to Pharmacor’s success was its case that the term of Biogen’s patent was invalidly extended based on a claimed invention …
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POF is proud to support International Women’s Day 2022 to collectively help #BreakTheBias in the workplace and throughout society. We acknowledged IWD by holding a morning tea across our three offices to celebrate the social, economic, cultural and political achievements of women. We were delighted to be joined by guest presenter, Madison Hartill-Law, in our …
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F45 Training have failed in their bid to assert two innovation patents against their competitors with the Federal Court finding the patents invalid and not infringed.1 Background The patentee (“F45”) sought relief from the Federal Court in respect of alleged infringements of two innovation patents directed to a method and system for configuring exercise stations …
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Phillips Ormonde Fitzpatrick extends a warm welcome to our new associate, Dr Jessica Chadbourne, who has recently joined our Chemistry and Life Sciences team in our Sydney office. Jessica is a PhD qualified chemist with a passion for working with inventors and innovators across the chemical sciences landscape. Jessica has experience across the full spectrum …
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A recent Federal Court decision has further considered Australia’s patent term extension (PTE) provisions. Merck Sharp & Dohme (MSD) is the registered proprietor of Australian patent 2002320303, which relates to the treatment or prevention of diabetes. Read more on page 10 >>
In Hardingham v RP Data, Thawley J held that RP Data was not liable for infringing copyright in various photos and floor plans reproduced on its website. However, on appeal, a majority of the Full Court reversed this decision, and in doing so, highlighted the risk in relying upon implied terms of informal agreements. Read more …
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In Allergan v Self Care, the Full Federal Court overturned a first instancedecision and held that the mark PROTOX, and the phrase “instant Botox® alternative”, are deceptively similar to the mark BOTOX, and therefore use of PROTOX and the phrase constituted trade mark infringement. The Full Court also found that none of the defences relied on by …
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The Federal Court has recently issued a decision in AGL Energy v Greenpeace Australia Pacific, holding that the use of another person’s logo for parody or satirical purposes does not constitute copyright or trade mark infringement, but only if that use is a ‘fair dealing’. This decision was the result of an urgent action brought …
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In Fuchs Lubricants v Quaker Chemical[1] , the Full Federal Court has clarified which of the ancillary activities that might occur before, around or in conjunction with a public working of an invention for the purpose of reasonable trial, before the lodgement of a patent application can be ignored (and thus will not be damaging), …
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