An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 10 October 2014.
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 |
| SYG2800/2014 | AG (SYD) Fashion Pty Ltd | Small Mountain Pty Ltd & Anor | Copyright | First Court Date set for 19 November 2014 |
| NSD1017/2014 | Samsung Electronics Australia Pty Ltd | Tom Gimblett | Trade marks | First Directions set for 23 October 2014 |
| NSD1019/2014 | The New South Wales Bar Association | Derek Michael Minus & Anor | Trade marks | Scheduling Conference set for 25 November 2014 |
| VID576/2014 | Bounce Australia Pty Ltd | The Bounce House Indoor Trampoline Arena Pty Ltd & Anor | Trade marks | Scheduling Conference set for 21 November 2014 |
| NSD1029/2014 | Water Decontamination Technologies Pty Ltd (Administrators Appointed) & Anor | Leo Crasti | Patents | Scheduling Conference set for 25 November 2014 |
| MLG2041/2014 | International Warehousing Distribution Pty Ltd & Anor | Justin Trail | Copyright | Directions set for 7 November 2014 |
| NSD1036/2014 | Geneva Laboratories Limited & Anor | MT Finance Enterprises Pty Ltd & Ors | Trade marks | Directions set for 16 October 2014 |
| VID575/2014 | Insight Radiology Pty Ltd | InSight Clinical Imaging Pty Ltd | Trade marks | First Directions set for 6 November 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| VID269/2014 | Dealer Support Services Pty Ltd | Motor Trades Association of Australia Ltd | Trade marks | 6 October 2014 Interlocutory Hearing Adjourned – Part Heard
View orders here 6 October 2014 Judgement Finalised – Dismissed View judgment here Directions and Interlocutory Hearing set for 20 October 2014 |
| VID318/2013 | Apotex Pty Lt | Eli LIlly & Company Limited & Ors | Appeal | 7 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD706/2014 | Alphapharm Pty Ltd & Ors | H Lundbeck A/S & Anor | Patents | 8 October 2014 Part Heard Adjourned – Judgment Reserved |
| NSD710/2014 | Geneva Laboratories Limited | Steven Nguyen trading as Health Line Pharmacy-Sydney & Ors | Trade marks | 7 October 2014 Interlocutory Hearing |
| NSD711/2014 | Geneva Laboratories Limited | Oze-Pharmacy Pty Ltd & Ors | Trade marks | 7 October 2014 Interlocutory Hearing |
| NSD712/2014 | Geneva Laboratories Limited | Pharmacy 4 Less Pty Ltd & Ors | Trade marks | 7 October 2014 Interlocutory Hearing |
| NSD19/2012 | Apotex Pty Limited | F. Hoffmann-La Roche AG | Patents | 8 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 24 November 2014 |
| NSD344/2014 | Geneva Laboratories Limited | Prestige Premium Deals Pty Ltd & Ors | Trade marks | 8 October 2014 Return of Subpoena Adjourned – Pre-Hearing
View orders here |
| NSD48/2013 | Gilead Sciences Pty Limited | Idenix (Cayman) Ltd & Ors | Patents | 8 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions and Interlocutory Hearing set for 23 October 2014 |
| NSD856/2014 | Trusted Cloud Pty Limited & Ors | Core Desktop Pty Limited & Ors | Copyright | 8 October 2014 Directions Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 6 November 2014 |
| QUD391/2014 | Donzenac Pty Ltd | MCV Enviroworks Pty Ltd | Trade marks | 8 October 2014 Hearing Adjourned – Judgment Reserved |
| QUD492/2014 | Eriea Manufacturing Co | Newcastle Innovation Limited | Patents | 8 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| VID41/2014 | Truong Giang Corporation | Tung Mau Quach (also known as “John Guach”) & Ors | Trade marks | 8 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Return of Subpoena set for 22 October 2014 |
| VID571/2014 | GlaxoSmithKline Consumer Healthcare Investments (Ireland) (No. 2) Limited & Anor | Apotex Pty Ltd | Patents | 8 October 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Directions set for 27 November 2014 |
| SYG3214/2013 | Societe des Produits Nestle SA & Anor | James William Christian & Anor | Trade marks | 9 October 2014 Directions Adjourned – Judgment Reserved
View orders here 9 October 2014 Hearing of Interlocutory Application Adjourned – Judgment Reserved View orders here Judgment set for 17 October 2014 |
| VID784/2012 | Fairlight.Au Pty Ltd | Peter Vogel Instruments Pty Ltd & Anor | Trade marks | 9 October 2014 Administrative Listing Adjourned – For Hearing
View orders here Hearing set for 1 December 2014 |
| MLG1505/2014 | Top Plus Pty Ltd | Rainbow World Development Pty Ltd & Ors | Copyright | 10 October 2014 Directions Adjourned – For Hearing
Directions set for 14 November 2014 |
| MLG1512/2014 | Top Plus Pty Ltd | A-Music Pty Ltd & Ors | Copyright | 10 October 2014 Directions Adjourned – For Hearing
Directions set for 14 November 2014 |
| MLG1552/2014 | Top Plus Pty Ltd | Mirae Investments Pty Ltd & Ors | Copyright | 10 October 2014 Directions Adjourned – For Hearing
Directions set for 14 November 2014 |
| NSD935/2014 | Bauer Consumer Media Ltd & Anor | Evergreen Television Pty Ltd | Trade marks | 10 October 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 17 December 2014 |
| QUD505/2014 | Plastec Australia Pty Ltd | Sunny International Hardware Group Pty Ltd | Trade marks | 10 October 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 20 November 2014 |
| SAD224/2012 | Harcourts WA Pty Ltd | Roy Weston Nominees Pty Ltd | Trade marks | 10 October 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Hearing set for 13 October 2014 |
| VID259/2013 | Sandvik Intellectual Property AB & Anor | Quarry Mining & Construction Equipment Pty Ltd | Patents | 10 October 2014 Directions and Interlocutory Hearing Adjourned – Pre-Hearing
View orders here |
| VID294/2012 | BLH Engineering and Construction Pty Ltd & Anor | Pro 3 Products Pty Ltd | Patents | 10 October 2014 Directions Adjourned – Pre-Hearing
View orders here Hearing set for 16 March 2015 |
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome |
| BRG655/2014 | Hells Angels Motorcycle Corporation (Australia) Pty Limited | Highwater (WA) Pty Limited, Alsafe Resources Pty Limited and Tony Stahl all trading as a partnership as Rocktape Australia & Anor | Copyright | 8 October 2014 Administrative Listing Finalised – Dismissed
View orders here |
| WAD215/2014 | SIS (Science In Sport) Limited | Fuelled Pty Ltd | Trade marks | 8 October 2014 Administrative Listing Finalised – Discontinued/ Withdrawn
View orders here |
| NSD2433/2013 | Objectivision Pty Ltd & Anor | Visionsearch Pty Ltd | Copyright | 9 October 2014 Judgment Finalised – Preliminary Question Answered
View orders here View judgment here |
| VID1173/2013 | Mastronardi Produce Ltd | The Registrar of Trade Marks | Trade marks | 10 October 2014 Administrative Listing Finalised – Granted/ Allowed
View orders here |