An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for 29 June to 3 July 2015.
We advise our clients (whether as IP owners or as alleged infringers) and act for them in relation to patent litigation, trade mark litigation, registered design litigation, domain name, plant breeder’s rights, confidential information and copyright litigation. Contact us here for more information on how we may be able to assist you.
Please note that the information in the tables below is correct as at the date of the posting but is subject to change. Please check the Commonwealth Courts portal for the current status of any of the cases below.
Intellectual Property Cases Commenced
| File No. | Applicant(s) | Respondent(s) | Type | Details |
| VID343/2015 | Collins House Pty Ltd & Anor | Asian Pacific Group Pty Ltd & Ors | Trade Mark | 2 July 2015 First Administrative Listing 1 July 2015 |
| NSD773/2015 | Viscopy Ltd | Second East Auction Holdings Pty Ltd & Ors | Copyright | 2 July 2015 Case Filed |
| NSD775/2015 | Concrete Mining Structures Pty Ltd | Cellcrete Australia Pty Ltd & Anor | Copyright | 3 July 2015 First Interlocutory Hearing |
| VID346/2015 | Intellectual Property Development Corporation Pty Ltd | Reynolds Consumer Products, Inc. | Trade Mark | 14 August 2015 First Case Management Hearing |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD121/2012 | Otsuka Pharmaceutical Co., Ltd & Anor | Generic Health Pty Ltd | Patent | 29 June 2015 Judgment Adjourned – Part-Heard View order here View judgement here |
| NSD377/2015 | Alfa Laval Corporate AB & Anor | Heat Exchangers WA Pty Ltd & Anor | Copyright | 11 May 2015 Case Management Hearing Adjourned – Pre-Hearing View order here Directions listed for 29 June 2015 |
| NSD622/2015 | Samsonite IP Holdings S.a.r.l | Tosca Travelgoods (Aust) Pty Ltd | Trade Mark | 29 June 2015 Administrative Listing Adjourned – Pre-Hearing View order here Directions listed for 12 August 2015 |
| QUD134/2015 | Cre8tions Pty Ltd | Varsity Developments Pty Ltd & Anor | Copyright | 29 June 2015 Administrative Listing Adjourned – Pre-Hearing View order here Directions listed for 13 August 2015 |
| SYG2363/2013 | Ahiida Pty Ltd | JB Trading Group Pty Ltd | Design | 7 July 2015 Administrative Listing Adjourned – Pre-Hearing View order here Directions listed for 15 July 2015 |
| VID339/2015 | Achitecture HQ Pty Ltd | Propertylinc Pty Ltd & Ors | Copyright | 29 June 2015 Interlocutory Hearing Adjourned – Pre-Hearing View order here
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| NSD1124/2009 | Generic Health Pty Ltd | Wyeth | Patent | 30 June 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions listed for 16 September 2015 |
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patent | 30 June 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions listed for 11 September 2015 |
| NSD596/2009 | Alphapharm Pty Ltd | Wyeth | Patent | 30 June 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions listed for 16 September 2015 |
| VID109/2009 | Britax Childcare Pty Ltd | Infa Products Pty Ltd | Patent | 30 June 2015 Judgement Adjourned – Pre- Hearing View orders here View judgement here Directions listed for 11 September 2015 |
| VID195/2009 | Sigma Pharmaceuticals (Australia) Pty Lt | Wyeth | Patent | 30 June 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions listed for 16 September 2015 |
| VID19/2015 | Alltel Pty Ltd | Ashley Breeden & Ano | Copyright | 1 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions listed for 16 October 2015 |
| VID343/2015 | Collins House Pty Ltd | Anor v Asian Pacific Group Pty Ltd & Ors | Trade Mark | 2 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Interlocutory Hearing listed for 15 July 2015 |
| VID650/2014 | Flexopack S.A Plastics Industry | Flexopack Australia Pty Ltd & Anor | Trade Mark | 1 July 2015 Return of Subpoena Adjourned – Part- Heard View orders here Pre-Trial Conference listed for 7 August 2015 |
| NSD2124/2013 | Virgin Enterprises Limited | Agripower Australia Limited | Appeal | 2 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions listed for 21 August 2015 |
| NSD529/2015 | Liberty Mutual Insurance Company trading as Liberty International Underwriters | Liberty Financial Pty Ltd & Anor | Trade Mark | 2 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions listed for 7 August 2015 |
| NSD954/2014 | Merck Sharp & Dohme Corp. | Anor v Ono Pharmaceutical Co. Ltd | Patents | 2 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions listed for 9 November 2015 |
| QUD435/2014 | Discount Drugstores Pty Ltd | The Registrar of Trade Marks | Trade Mark | 2 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Hearing listed for 6 October 2015 |
| SYG509/2015 | Ian Cubitts Classic Home Improvements Pty Ltd | Radomir Krickovic T/As Granny Flat Projects | Copyright | 2 July 2015 Directions Adjourned – For Hearing View orders here Hearing of Interlocutory Application listed for 11 August 2015 |
| VID336/2015 | Metricon Homes Pty Ltd | Sanders Constructions Pty Ltd & Ors | Copyright | 2 July 2015 Interlocutory Hearing Adjourned – For Hearing View orders here Interlocutory Hearing listed for 24 July 2015 |
| VID343/2015 | Collins House Pty Ltd | Anor v Asian Pacific Group Pty Ltd & Ors | Trade Mark | 2 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Interlocutory Hearing listed for 15 July 2015 |
| VID575/2014 | Insight Radiology Pty Ltd | InSight Clinical Imaging Pty Ltd | Trade Mark | 2 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 14 August 2015 |
| VID714/2014 | InSight Clinical Imaging Pty Ltd | Insight Radiology Pty Ltd & Anor | Trade Mark | 2 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 14 August 2015 |
| NSD1517/2007 | Electronic Tax-Free Shopping Limited | Fexco Merchant Services & Ors | Patent | 3 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here |
| NSD639/2015 | Merck, Sharp & Dohme (Australia) Pty Ltd | Genentech, Inc. | Patent | 3 July 2015 Case Management Hearing Adjourned – Pre- Hearing View orders here Directions set for 14 August 2015 |
| NSD775/2015 | Concrete Mining Structures Pty Ltd | Cellcrete Australia Pty Ltd & Anor | Copyright | 3 July 2015 Interlocutory Hearing Adjourned – Pre- Hearing View orders here Directions set for 8 July 2015 |
| VID153/2015 | THF Innovation Pty Ltd | Anor v G8 Pty Ltd | Infringement | 3 July 2015 Directions Adjourned – Pre- Hearing View orders here Hearing listed for 19 October 2015 |
| VID266/2015 | Shaun Pulfrey & Anor | McPherson’s Consumer Products Pty Ltd | Infringement | 3 July 2015 Case Management Hearing Adjourned – Pre- Hearing View orders here Directions listed for 28 August 2015 |
| NSD657/2015 | The Wild Wolf Company | Wild & Wolf (Holdings) Ltd | Trade Mark | 6 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Case Management Hearing listed for 4 August 2015 |
| NSD75/2015 | Crown Resorts Limited and Anor | Crown Group Holdings Pty Ltd and Ors | Trade Mark | 6 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Directions listed for 21 July 2015 |
| NSD183/2015 | JR Consulting & Drafting Pty Limited & Ors v Robert Cummings & Ors | Robert Cummings & Ors | Intellectual Property | 6 July 2015 Administrative Listing Adjourned – Pre- Hearing View orders here Full Court Hearing listed for 17 August 2015 |
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD43/2015 | Bridgestone Licensing Services Inc | Marshalls Mono Limited | Trade Mark | 2 July 2015 Administrative Listing Finalised – Dismissed By Consent View orders here |
| QUD260/2008 | N.V. Sumatra Tobacco Trading Company | British American Tobacco Australia Services Limited | Trade Mark | 2 July 2015 Administrative Listing Finalised – Granted/Allowed in Part – Other Orders Made View orders here |