An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 14 February 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 |
| NSD149/2014 | Anchorage Capital Partners Pty Limited | ACPA Pty Ltd | Trade marks | First Directions set for 18 March 2014 |
| NSD144/2014 | National Servicemen’s Association of Australia (Nsw Branch) Inc | Norman Mallard & Ors | Trade marks | First Directions set for 28 March 2014 |
| NSD132/2014 | Cementech Pty Limited | Boral Masonry Pty Limited | Patents | First Directions set for 14 March 2014 |
| NSD142/2014 | Multisteps Pty Ltd | Fullyarn Packaging (AU) Pty Ltd & Anor | Patents | First Directions set for 11 March 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1697/2010 | Interflow Holdings Pty Ltd & Anor | Kembla Watertech Pty Ltd | Patents | 14 February 2014 Part Heard Adjourned – Judgement Reserved |
| NSD2027/2013 | Oishi Group Public Co Ltd & Anor | ABN International Pty Ltd & Anor | Trade marks | 10 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 4 March 2014 |
| SYG2604/2013 | Phonographic Performance Co of Australia Ltd & Ors | Horizon Hotels Pty Ltd & Anor | Copyright | 10 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 19 May 2014 |
| VID270/2013 | Rodolfo Antonio Gomez | Colin Bruce Rawson & Ors | Patents | 10 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 26 February 2014 |
| VID317/2013 | Blue Gentian LLC | Product Management Group Pty Ltd | Patents | 12 February 2014 Part Heard Adjourned – Judgement Reserved |
| WAD242/2013 | Interactive Internet Services Pty Ltd | CMS Software House Pty Ltd | Copyright | 10 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 2 April 2014 |
| QUD486/2013 | Courier Pete Pty Ltd | Metroll Queensland Pty Ltd & Ors | Design | 11 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 21 February 2014 |
| VID463/2013 | B. Braun Melsungen AG | Multigate Medical Devices Pty Ltd | Patents | 11 February 2014 Administrative Listing Adjourned – For Hearing
Hearing set for 17 March 2014 |
| NSD2040/2013 | Lift Shop Pty Ltd | Easy Living Home Elevators Pty Ltd | Appeals | 12 February 2014 Full Court Hearing Adjourned – Judgment Reserved
View orders here |
| NSD1355/2010 | Winnebago Industries, Inc | Knott Investments Pty Ltd & Ors | Copyright | 12 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 4 June 2014 |
| NSD2464/2013 | Power Dekor (SA) Pty Ltd | Power Dekor Flooring Pty Ltd & Anor | Trade marks | 12 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 14 March 2014 |
| NSD734/2013 | Reckitt Benckiser Healthcare UK Ltd | GlaxoSmithKline Australia Pty Ltd | Patents | 12 February 2014 Directions Adjourned – Pre-Hearing
View orders here Hearing set for 2 June 2014 |
| MLG1053/2013 | Ita Buttrose & Anor | The Senior’s Choice (Australia) Pty Ltd & Anor | Copyright | 13 February 2013 Directions Adjourned – Pre-Hearing
View orders here Hearing set for 21 February 2014 |
| NSD998/2013 | South Cone, Inc. | Major Brand Pty Limited | Trade marks | 13 February 2014 Administrative Listing Adjourned – Pre-Hearings
View orders here Directions set for 15 May 2014 |
| QUD189/2012 | Austshade Pty Ltd & Anor | Boss Shade Pty Ltd & Ors | Patents | 13 February 2014 Interlocutory Hearing and Directions |
| QUD562/2013 | Andrew John Wheeler & Ors | Ausroad Systems Pty Ltd & Anor | Patents | 13 February 2014 Directions Adjourned – Pre-Hearing
View orders here |
| SAD224/2012 | Harcourts WA Pty Ltd | Roy Weston Nominees Pty Ltd | Trade marks | 13 February 2014 Directions Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 17 February 2014 |
| SAD291/2013 | Neobev Pty Ltd | Bacchus Distillery Pty Ltd (Administrators Appointed) | Patents | 13 February 2014 Hearing Adjourned – Judgement Reserved
View orders here Judgement set for 19 February 2014 |
| WAD167/2013 | Roy Weston Nominees Pty Ltd | Harcourts WA Pty Ltd | Trade marks | 13 February 2014 Directions Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 17 February 2014 |
| NSD2504/2007 | Tamawood Limited | Habitare Developments Pty Ltd & Ors | Copyright | 14 February 2014 Directions |
| NSD763/2013 | Apotex Pty Limited | Warner-Lambert Company Llc | Patents | 14 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 16 September 2014 |
| QUD139/2012 | Leica Geosystems Pty Ltd & Ors | Andrew Koudstaal & Anor | Copyright | 14 February 2014 Directions
Part Heard set for 24 March 2014 |
| VID611/2012 | Louis Vuitton Malletier | Sonya Valentine Pty Ltd & Ors | Trade marks | 14 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions and Interlocutory Hearing set for 19 February 2014 |
| VID876/2013 | AstraZeneca AB & Anor | Alphapharm Pty Ltd | Patents | 14 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 25 February 2014 |
Finalised Cases
| File No. | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD2148/2013 | FPInnovation Pty Ltd | Registrar of Trade Marks | Appeals | 10 February 2014 Administration Listing Finalised – Dismissed
View orders here |
| NSD1167/2012 | Embertec Pty Limited | Energy Efficient Technologies Pty Limited & Anor | Trade marks | 10 February 2014 Administrative Listing Finalised – Discontinued/ Withdrawn
View orders here |
| NSD1477/2012 | FPInnovation Pty Ltd | Registrar of Trade Marks | Trade marks | 10 February 2014 Administrative Listing Finalised – Preliminary Question Answered
View orders here |
| NSD532/2012 | Paul Andrew Cronk | Commissioner of Patents | Patents | 10 February 2014 Judgement Finalised – Dismissed
View orders here View judgement here |
| VID1098/2013 | Wasilij Nominees Pty Ltd | David Rice Interiors Pty Ltd & Anor | Trade marks | 10 February 2014 Administrative Listing Finalised – Dismissed By Consent |
| WAD179/2013 | Galvin Engineering Pty Ltd | General Electric Company | Trade marks | 11 February 2014 Administrative Listing Finalised – Discontinued/ Withdrawn
View orders here |
| VID154/2009 | CSL Limited & Anor | Novo Nordisk Pharmaceuticals Pty Ltd & Anor | Patents | 13 February 2014 Judgement Finalised – Granted/ Allowed in Part – Other Orders Made
View orders here View judgement here |
| VID825/2013 | Exclusive Tyre Distributors Pty Ltd | Ozzy Tyres Pty Limited | Design | 13 February 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |