An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the period of 2 June to 13 June 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 |
| BRG520/2014 | Hells Angels Motorcycle Corporation (Australia) Pty Limited | Eyegasam Brands Pty Ltd & Anor | Copyright | First Court Date set for 26 June 2014 |
| BRG521/2014 | Hells Angels Motorcycle Corporation (Australia) Pty Limited | Liive Vision Pty Ltd & Ano | Copyright | First Court Date set for 26 June 2014 |
| VID302/2014 | ISM Objects Pty Ltd | Asian Pacific Construction Pty Limited & Anor | Design | First Directions set for 27 June 2014 |
| MLG1088/2014 | Gold Brands Pty Ltd | Dermaspa Pty Ltd | Trade marks | Directions set for 4 July 2014 |
| NSD580/2014 | ExxonMobil Research and Engineering Company | Shell Internationale Research Maatschappij B.V. | Patents | First Directions set for 8 July 2014 |
| NSD558/2014 | Nichia Corporation | Arrow Electronics Australia | Patents | First Directions set for 14 July 2014 |
| SYG1604/2014 | Frank Monte | Fairfax Media Publications Pty Ltd | Copyright | First Court Date set for 15 July 2014 |
| NSD582/2014 | BHP Billiton Worsley Alumina Pty Limited | Alcoa of Australia Limited | Patents | First Directions set for 18 July 2014 |
| VID316/2014 | Yotopia Pty Ltd & Anor | Basic Goodness Pty Ltd & Ors | Copyright | First Directions set for 18 July 2014 |
| VID317/2014 | Apotex Ptd | Otsuka Pharmaceutical Co., Ltd | Patents | First Directions set for 1 August 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1335/2012 | Make-Up Art Cosmetics Inc. & Ors | Brandpoint Pty Ltd | Trade marks | 2 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 20 June 2014 |
| NSD273/2014 | Refine Technology LLC | DSM IP Assets Bv | Patents | 2 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 29 July 2014 |
| SYG1012/2014 | Phonographic Performance Co Of Australia Ltd & Ors | Jason Adrian Ayoubi | Copyright | 2 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 26 August 2014 |
| SYG3191/2013 | Ian Blair Hamilton | Registrar of Trade Marks & Anor | Trade marks | 2 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 17 June 2014 |
| VID267/2014 | Telstra Corporation Limited | Phone Directories Company Australia Pty Limited & Ors | Appeals | 3 June 2014 Directions Adjourned Pre-Hearing
View orders here |
| NSD149/2014 | Anchorage Capital Partners Pty Limited | ACPA Pty Ltd & Anor | Trade marks | 3 June 2014 Directions Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 17 July 2014 |
| NSD1771/2013 | Board & Batten International Inc & Ors | Vuly Pty Limited & Ors | Patents | 3 June 2014 Directions adjourned – Pre-Hearing
View orders here Directions set for 19 June 2014 |
| QUD797/2013 | NQ Group Pty Ltd | CQ Group Australia Pty Ltd & Anor | Trade marks | 3 June 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Hearing set for 1 October 2014 |
| SAD99/2012 | Lifeplan Australia Friendly Society Ltd & anor | Noel Woff & ors | Copyright | 3 June 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Directions set for 23 September 2014 |
| VID237/2014 | Thane International, Inc & Anor | Asia Pacific Beverages Pty Ltd & Anor | infringement | 3 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Scheduling Conference set for 5 September 2014 |
| VID447/2008 | SNF (Australia) Pty Ltd | Ciba Specialty Chemicals Water Treatment Limited & Ors | Patents | 3 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 26 August 2014 |
| MLG856/2014 | Norman William Stimson | Film Victoria & Anor | Copyright | 4 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD48/2013 | Gilead Sciences Pty Limited | Idenix (Cayman) Ltd & Ors | Patents | 4 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 17 June 2014 |
| NSD1386/2012 | Esco Corporation & Anor | Bradken Resources Pty Limited & Anor | Patents | 5 June 2014 Case Management Conference Adjourned – Pre-Hearing |
| NSD2124/2013 | Virgin Enterprises Limited | Agripower Australia Limited | Appeal | 5 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 18 July 2014 |
| NSD385/2014 | The University of Sydney | ObjectiVision Pty Limited | Patents | 5 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 25 July 2014 |
| VID88/2014 | Seafolly Pty Limited | Cotton On Clothing Pty Ltd | Copyright | 5 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 17 October 2014 |
| NSD461/2014 | Sports Data Pty Ltd | Prozone Sports Australia Pty Ltd | Copyright | 6 June 2014 Judgement Adjourned – For Hearing
View orders here View judgement here |
| NSD983/2013 | Universal Solar and Surface Science Pty Ltd & Anor | Hills Holdings Ltd | Patents | 6 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions and Return of Subpoena set for 8 July 2014 |
| SYG3214/2013 | Societe des Produits Nestle SA & Anor | James William Christian & Anor | Trade marks | 6 June 2014 Hearing Adjourned – Judgement Reserved |
| VID1051/2010 | Damorgold Pty Ltd & Anor | J.A.I. Products Pty Ltd | Patents | 6 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 1 August 2014 |
| VID1165/2013 | Dentons Pty Ltd | Tri-Cycle Pty Ltd | Copyright | 6 June 2014 Directions Adjourned – Part-Heard
View orders here |
| VID251/2014 | Hugo Boss Trade Mark Management GmbH & Co KG | Sasalili Oxford Fia & Anor | Infringement | 6 June 2014 First Directions Adjourned – Pre-Hearing
View orders here Directions set for 1 August 2014 |
| VID317/2013 | Blue Gentian LLC | Product Management Group Pty Ltd | Patents | 6 June 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 1 August 2014 |
| VID603/2013 | Les Laboratoires Servier & Anor | Apotex Pty Ltd & Anor | Patents | 6 June 2014 Directions and Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 5 September 2014 |
| VID764/2010 | Seafolly Pty Ltd | Leah Madden | Copyright | 6 June 2014 Directions Adjourned – Pre-Hearing |
| VID853/2013 | Streetworx Pty Ltd | Artcraft Urban Group Pty Ltd & Anor | Patents | 6 June 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Return of Subpoena set for 18 June 2014 |
| NSD448/2014 | Crescent Capital Partners Management Pty Ltd & Anor | Crescent Funds Management (Aust) Ltd & Ors | Trade marks | 10 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 30 September 2014 |
| VID1291/2011 | Smart Openers Pty Ltd | Automatic Technology (Australia) Pty Ltd & Anor | 10 June 2014 Administrative Listing Adjourned – Part-Heard
View orders here Return of Subpoena set for 2 July 2014 |
|
| VID1335/2013 | Sly Ink Pty Ltd | Screentime Pty Ltd | Copyright | 10 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 1 August 2014 |
| NSD2035/2012 | Apotex Pty Limited | Merck Sharp & Dohme Corp & Anor | Patents | 10 June 2014 Case Management Conference Adjourned – Pre-Hearing
View orders here Hearing set for 1 September 2014 |
| VID294/2012 | BLH Engineering And Construction Pty Ltd & Anor | Pro 3 Products Pty Ltd | Patents | 11 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 10 October 2014 |
| VID235/2014 | Damorgold Pty Ltd & Anor | J A I Products Pty Ltd | Appeals | 11 June 2014 Directions Adjourned – Pre-Hearing
View orders here Callover set for 29 July 2014 |
| VID42/2014 | Burberry Limited & Anor | VOI Concept Stores Pty Ltd & Ors | Trade marks | 11 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 1 August 2014 |
| NSD344/2014 | Geneva Laboratories Limited | Prestige Premium Deals Pty Ltd & Ors | Trade marks | 12 June 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Return of Subpoena set for 18 June 2014 |
| VID1047/2013 | BLH Engineering and Construction Pty Ltd | Pro 3 Products Pty Ltd | Patents | 12 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| QUD240/2014 | Shane Andrew O’Mara | Tamawood Limited & Ors | Appeals | 12 June 2014 Directions |
| BRG284/2014 | Courier Pete Pty Ltd | Metroll Queensland Pty Ltd & Ors | Design | 12 June 2014 Mention Adjourned – Pre-Hearing
Mention set for 10 July 2014 |
| VID270/2013 | Rodolfo Antonio Gomez | Colin Bruce Rawson & Ors | Patents | 12 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 17 November 2014 |
| NSD148/2012 | Seven Network Limited | Commissioner of Taxation | Copyright | 13 June 2014 Directions Adjourned – Judgement Reserved |
| NSD491/2010 | GE BetzDearborn Canada Company | Memcor Australia Pty Ltd | Patents | 13 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 12 August 2014 |
| NSD787/2012 | Airlaw Pty Limited | Australian Animal Care Systems Pty Limited & Ors | Patents | 13 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 14 July 2014 |
| VID1186/2011 | KerryJ Investment Pty Ltd | Xiamen Fengwei Energy Technology Co Ltd & Anor | Patents | 13 June 2014 Directions
Hearing set for 1 September 2014 |
| NSD550/2014 | Abbott Australasia Pty Ltd | Alphapharm Pty Ltd & Anor | Patents | 13 June 2014 Directions Adjourned – Pre-Hearing
Directions set for 20 June 2014 |
| NSD734/2013 | Reckitt Benckiser Healthcare UK Ltd | GlaxoSmithKline Australia Pty Ltd | Patents | 13 June 2014 Part Heard Adjourned – Judgement Reserved |
| VID41/2014 | Truong Giang Corporation | Tung Mau Quach (also known as “John Guach”) | Trade marks | 13 June 2014 Return of Subpoena Adjourned – Pre-Hearing
View orders here Return of Subpoena set for 25 June 2014 |
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD383/2014 | Channel Seven Sydney Pty Limited & Ors | Nine Network Australia Pty Limited & Anor | Copyright | 5 June 2014 Directions Finalised – Discontinued/ Withdrawn
View orders here |
| SYG1740/2013 | Extend A Home Constructions Pty Ltd | Robin Lopez & Ors | Copyright | 5 June 2014 Administrative Listing Finalised – Discontinued |
| VID115/2014 | Rimskins Pty Ltd | Autotecnia Imports Pty Ltd | Patents | 6 June 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| VID1043/2013 | MCI Group Holdings SA | Secondment Pty Ltd | Trade marks | 10 June 2014 Administrative Listing Finalised – Discontinued/ Withdrawn
View orders here |
| NSD622/2012 | Eli Lilly and Company & Anor | Apotex Pty Ltd | Patents | 11 June 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| NSD1822/2013 | Halal Certification Authority Pty Limited | Scadilone Pty Limited Trading As Sofra Pizza Pide & Kebab House & Ors | Trade marks | 13 June 2014 Judgement Finalised – Granted/ Allowed in Part – Other Orders Made
View orders here View judgement here |
| NSD2107/2013 | Halal Certification Authority Pty Limited | Quality Kebabs Wholesalers Pty Limited & Ors | Trade marks | 13 June 2014 Judgement Finalised – Granted/ Allowed in Part – Other Orders Made
View orders here View judgement here |
| VID611/2012 | Louis Vuitton Malletier | Sonya Valentine Pty Ltd & Ors | Trade marks | 13 June 2014 Administrative Listing Finalised – Granted/ Allowed |