An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 16 May 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.
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1517/2007 | Electronic Tax-Free Shopping Limited | Fexco Merchant Services & Ors | Patents | 12 May 2014 Administrative Listing Adjourned – Judgement Reserved
View orders here |
| NSD1698/2013 | Upaid Systems Ltd | Telstra Corporation Ltd | Patents | 12 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 28 July 2014 |
| NSD1941/2012 | Raytheon Company | Lockheed Martin Corporation | Trade Marks | 12 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 4 November 2014 |
| NSD2247/2011 | Electronic Tax-Free Shopping Limited | Fexco Merchant Services & Ors | Patents | 12 May 2014 Administrative Listing Adjourned – Judgement Reserved
View orders here |
| NSD335/2014 | Buchanan Turf Supplies Pty Limited | Registrar of Trade Marks | Trade marks | 12 May 2014 First Directions Adjourned – Pre-Hearing
View orders here Directions set for 30 May 2014 Appeal of this Trade Mark Office Decision |
| NSD461/2014 | Sports Data Pty Ltd | Prozone Sports Australia Pty Ltd | Copyright | 14 May 2014 Directions Adjourned – Pre-Hearing
View orders here |
| NSD622/2012 | Eli Lilly and Company & Anor | Apotex Pty Ltd | Patents | 12 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 29 May 2014 |
| QUD85/2014 | Sustainable Agriculture & Food Enterprises Pty Ltd | Radio Systems Corporation | Trade marks | 12 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| SYG3145/2013 | Vertical Leisure Limited & Anor | Skyrunner Pty Ltd & Anor | Copyright | 12 May 2014 Directions Adjourned – Pre-Hearing
View orders here Hearing of Interlocutory Application set for 18 July 2014 |
| VID1051/2010 | Damorgold Pty Ltd & Anor | J.A.I. Products Pty Ltd | Patents | 12 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 6 June 2014 |
| VID231/2014 | AstraZeneca AB & Anor | Medis Pharma Pty Ltd | Patents | 12 May 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 19 May 2014 |
| NSD367/2014 | Regency Media Pty Ltd | MPEG LA, LLC | Appeals | 13 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patents | 13 May 2014 Directions and Interlocutory Hearing Adjourned – Pre-Hearing |
| NSD2456/2013 | Orion Corporation & Ors | Actavis Australia Pty Ltd & Ors | Patents | 14 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 10 October 2014 |
| NSD251/2014 | Warner-Lambert Company LLC & Ors | Generic Partners Pty Ltd | Patents | 13 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 1 September 2014 |
| NSD339/2014 | Janette Gail Francis | Allen & Unwin Pty Limited & Ors | Copyright | 13 May 2014 First Directions Adjourned – Pre-Hearing
View orders here |
| NSD48/2013 | Gilead Sciences Pty Limited | Idenix (Cayman) Ltd & Ors | Patents | 15 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 17 June 2014 |
| NSD763/2013 | Apotex Pty Limited | Warner-Lambert Company Llc | Patents | 13 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 1 September 2014 |
| BRG284/2014 | Courier Pete Pty Ltd | Metroll Queensland Pty Ltd & Ors | Design | 14 May 2014 Directions Adjourned – Pre-Hearing
View orders here Mention set for 21 May 2014 |
| NSD1010/2013 | Vringo Infrastructure INC | ZTE (Australia) Pty Ltd | Infringement | 14 May 2014 Interlocutory Hearing Adjourned – Judgement Reserved |
| QUD797/2013 | NQ Group Pty Ltd | CQ Group Australia Pty Ltd & Anor | Trade marks | 14 May 2014 Case Management Conference Adjourned – Pre-Hearing
View orders here Directions set for 19 May 2014 |
| NSD341/2014 | Albert Kim Barnes & Anor | Forty Two International Pty Ltd & Ors | Appeals | 16 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Settlement of Index set for 22 May 2014 |
| SYG1740/2013 | Extend A Home Constructions Pty Ltd | Robin Lopez & Ors | Copyright | 15 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 30 May 2014 |
| NSD1124/2009 | Generic Health Pty Ltd | Wyeth | Patents | 16 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 12 August 2014 |
| NSD2373/2013 | Board & Batten International Inc & Anor | Vuly Trampolines Pty Limited | Patents | 16 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 18 June 2014 |
| NSD481/2014 | Machine Zone, Inc | Weezeewig Pty Limited & Anor | Trade marks | 16 May 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here First Directions set for 20 May 2014 |
| NSD596/2009 | Alphapharm Pty Ltd | Wyeth | Patents | 16 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 12 August 2014 |
| VID195/2009 | Sigma Pharmaceuticals (Australia) Pty Ltd | Wyeth | Patents | 16 May 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 12 August 2014 |
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD1902/2013 | Eli Lilly And Company & Anor | Generic Health Pty Ltd | Patents | 13 May 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| QUD324/2013 | Peanut Company of Australia Limited | Michael Bauer | Infringement | 12 May 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| QUD678/2012 | Tramanco Pty Ltd | BPW Transpec Pty Ltd | Appeals | 16 May 2014 Judgement |
| QUD374/2013 | Peanut Company of Australia Limited | G Crumpton & Sons & Co Pty Ltd & Ors | Infringement | 16 May 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
