An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 17 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 |
| NSD1051/2014 | Dallas Buyers Club, LLC | iiNet Limited & Ors | Copyright | First Directions set for 4 November 2014 |
| SYG2836/2014 | Artmade Architectural | Ehab Joseph & Anor | Copyright | First Court date set for 12 November 2014 |
| NSD1052/2014 | Primary Health Care Limited | The Crown in Right of the Commonwealth of Australia & Ors | Trademarks | First Directions set for 11 November 2014 |
| NSD1038/2014 | Globefill Incorporate | Veneration Pty Ltd | Trademarks | First Directions set for 14 November 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development | |
| ADG68/2014 | Medallion Homes Pty Ltd | Brenton Marriott & ors | Copyright | 13 October 2014 Directions Adjourned – Pre– Hearing
View orders here Hearing set for 7 April 2015 |
|
| NSD1174/2012 | Apotex Pty Limited | Pfizer Ireland Pharmaceuticals & Anor | Patents | 15 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Administrative Listing set for 30 October 2014 |
|
| SAD224/2012 | Harcourts WA Pty Ltd | Roy Weston Nominees Pty Ltd | Trade marks | 13 October 2014
Hearing Adjourned – Pre- Hearing 17 October 2014 Part Heard Adjourned – Judgement Reserved |
|
| WAD167/2013 | Roy Weston Nominees Pty Ltd | Harcourts WA Pty Ltd | Trade marks | 13 October 2014
Hearing Adjourned – Part- Heard 17 October 2014 Part Heard – Adjourned – Judgement Reserved |
|
| NSD983/2013 | Universal Solar and Surface Science Pty Ltd & Anor | Hills Holdings Ltd | Patents | 14 October 2014
Directions Adjourned – Pre- Hearing View orders here Directions set for 28 October 2014 |
|
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patents | 15 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 24 October 2014 |
|
| NSD19/2012 | Apotex Pty Limited | F. Hoffmann-La Roche AG | Patents | 15 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Hearing set for 24 November 2014 |
|
| NSD2002/2013 | The Pilbara Infrastructure Pty Ltd | Lynx Engineering Consultants Pty Ltd | Patents | 15 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 17 November 2014 |
|
| NSD2438/2013 | Brand Developers Ltd | Teamworx Australia Pty Ltd & Ors | Trade marks | 15 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 7 November 2014 |
|
| NSD648/2014 | Cristal Metals Inc | Christopher John Carter | Appeal | 15 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 30 October 2014 |
|
| VID1047/2013 | BLH Engineering and Construction Pty Ltd | Pro 3 Products Pty Ltd | Patents | 15 October 2014
Administrative Listing Adjourned – awaiting outcome of related case/issue View orders here |
|
| ADG295/2014 | Stellar Homes Pty Ltd | Phillip Fraser & ors | Cpoyright | 16 October 2014
Directions Adjourned – Pre- Hearing View orders here Directions set for 2 December 2014 |
|
| NSD1036/2014 | Geneva Laboratories Limited & Anor | MT Finance Enterprises Pty Ltd & Ors | Trade marks | 16 October 2014
Directions Adjourned – Pre- Hearing View orders here Directions set for 30 October 2014 |
|
| NSD1774/2011 | Attachmate Corporation | Commonwealth of Australia | Copyright | 16 October 2014
Directions Adjourned – Pre- Hearing View orders here Directions set for 9 December 2014 |
|
| NSD781/2014 | Thredbonet Marketing Pty Ltd | Kosciuszko Thredbo Pty Ltd | Trade marks | 16 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here First Directions set for 14 November 2014 |
|
| SYG3191/2013 | Ian Blair Hamilton | Patterson Stark | Trade marks | 16 October 2014
Directions |
|
| VID1051/2010 | Damorgold Pty Ltd & Anor | J.A.I. Products Pty Ltd | Patents | 16 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Conference set for 16 December 2014 |
|
| VID1360/2013 | AstraZeneca AB | Apotex Pty Ltd | Patents | 16 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 5 December 2014 |
|
| VID237/2014 | Thane International, Inc & Anor | Asia Pacific Beverages Pty Ltd & Anor | Infringement | 16 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Scheduling Conference set for 5 December 2014 |
|
| VID269/2014 | Dealer Support Services Pty Ltd | Motor Trades Association of Australia Ltd | Trade marks | 16 October 2014
Administrative Listing – Adjourned – Pre- Hearing View orders here Administrative Listing set for 20 October 2014 |
|
| VID42/2014 | Burberry Limited & Anor | VOI Concept Stores Pty Ltd & Ors | Trade marks | 16 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 5 December 2014 |
|
| NSD2456/2013 | Orion Corporation & Ors | Actavis Pty Ltd & Anor | Patents | 17 October 2014
Directions Adjourned – Pre- Hearing |
|
| NSD251/2014 | Warner-Lambert Company LLC & Ors | Generic Partners Pty Ltd | Patents | 17 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 17 November 2014 |
|
| NSD763/2013 | Apotex Pty Limited | Warner-Lambert Company LLC | Patents | 17 October 2014
Administrative Listing Adjourned – Pre- Hearing View orders here Directions set for 17 November 2014 |
|
| SYG3214/2013 | Societe des Produits Nestle SA & Ano | James William Christian & Ano | Trade marks | 17 October 2014
Judgement Finalised – Allowed in Part, Other Orders made View orders here |
|
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome | ||
| NSD2433/2013 | Objectivision Pty Ltd & Anor | Visionsearch Pty Ltd | Copyright | 13 October 2014 Administrative Listing Finalised – Preliminary Question Answered
View orders here |
||
| VID131/2014 | Packit Industrial Packaging (QLD) Pty Ltd | Intelipac Australia Pty Ltd | Infringement | 13 October 2014
Administrative Listing Finalised – Dismissed by Consent View orders here |
||
| NSD822/2014 | OneSteel Wire Pty Limited | Haggie Reid Pty Ltd | Infringement | 15 October 2014
Administrative Listing Finalised – Dismissed by Consent |
||
| SYG3214/2013 | Societe des Produits Nestle SA & Ano | James William Christian & Ano | Trade marks | 17 October 2014
Finalised – Dismissed View orders here
|
||
| VID463/2013 | B. Braun Melsungen AG | Multigate Medical Devices Pty Ltd | Patents | 17 October 2014
Judgement – Finalised – Granted/Allowed |
||