An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 20 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 |
| VID341/2014 | Crown Coaches Pty Ltd | Pharaohs Services Pty Ltd & Michaels H | TBA | TBA |
| WAD161/2014 | Steripure Pty Ltd | RDA Dental Supplies Pty Ltd “(Fast Track)” | Trade marks | Scheduling Conference set for 14 August 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD226/2014 | Surgibit IP Holdings Pty Ltd & Anor | Liam Ellis & Ors | Patents | 16 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 17 July 2014 |
| NSD2438/2013 | Brand Developers Ltd | Teamworx Australia Pty Ltd & Ors | Trade marks | 16 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 16 October 2014 |
| NSD251/2014 | Warner-Lambert Company LLC & Ors | Generic Partners Pty Ltd | Patents | 16 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 27 June 2014 |
| NSD763/2013 | Apotex Pty Limited | Warner-Lambert Company LLC | Patents | 16 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 27 June 2014 |
| NSD2436/2013 | Voxson Pty Limited | Telstra Corporation Limited & Ors | Patents | 17 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 29 July 2014 |
| NSD2556/2013 | Voxson Pty Ltd | Telstra Corporation Ltd & Ors | Patents | 18 June 2014 First Directions
First Directions set for 29 July 2014 |
| NSD48/2013 | Gilead Sciences Pty Limited | Idenix (Cayman) Ltd & Ors | Patents | 17 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions and Interlocutory Hearing set for 23 October 2014 |
| NSD514/2014 | Cementech Pty Ltd | Austral Masonry (NSW) Pty Ltd & Anor | Infringement | 17 June 2014 First Directions Adjourned – Pre-Hearing
View orders here |
| SYG3191/2013 | Ian Blair Hamilton | Registrar of Trade Marks & Anor | Trade marks | 17 June 2014 Directions Adjourned – For Hearing
View orders here Hearing set for 16 October 2014 |
| VID231/2014 | AstraZeneca AB & Anor | Medis Pharma Pty Ltd | Patents | 17 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| VID317/2013 | Blue Gentian LLC | Product Management Group Pty Ltd | Patents | 17 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 1 August 2014 |
| NSD2373/2013 | Board & Batten International Inc & Anor | Vuly Trampolines Pty Limited | Patents | 18 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD344/2014 | Geneva Laboratories Limited | Prestige Premium Deals Pty Ltd & Ors | Trade marks | 18 June 2014 Return of Subpoena Adjourned – Pre-Hearing
Return of Subpoena set for 25 June 2014 |
| NSD517/2014 | Sitecore Corporation A/S | salesforce.com, inc | Appeal | 18 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 7 July 2014 |
| NSD537/2013 | Aristocrat Technologies Australia Pty Ltd | Ainsworth Game Technology Limited | Patents | 18 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 9 December 2014 |
| VID252/2014 | Burberry Limited & Anor | Mynetsale Pty Ltd & Ors | Infringement | 18 June 2014 Scheduling Conference Adjourned – For Hearing
View orders here |
| VID853/2013 | Streetworx Pty Ltd | Artcraft Urban Group Pty Ltd & Anor | Patents | 18 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Return of Subpoena set for 2 July 2014 |
| NSD981/2013 | Sarb Management Group Pty Ltd (T/A Database Consultants Australia) | Vehicle Monitoring Systems Pty Ltd | Appeals | 18 June 2014 Administrative Listing Adjourned – Part Heard
View orders here |
| NSD1771/2013 | Board & Batten International Inc & Ors | Vuly Pty Limited & Ors | Patents | 19 June 2014 Directions |
| MLG967/2014 | Van Phu Le | Dang Khan | Copyright | 20 June 2014 Directions Adjourned – Pre-Hearing
View orders here |
| NSD1335/2012 | Make-Up Art Cosmetics Inc. & Ors | Brandpoint Pty Ltd | Trade marks | 20 June 2014 Directions |
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patents | 20 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 24 October 2014 |
| NSD19/2012 | Apotex Pty Limited | F. Hoffman-La Roche AG | Patents | 20 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 1 December 2014 |
| NSD227/2011 | Tigerturf International Ltd | Fieldturf Tarkett Inc | Patents | 20 June 2014 Judgement |
| NSD550/2014 | Abbott Australasia Pty Ltd | Alphapharm Pty Ltd & Anor | Patents | 20 June 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 12 December 2014 |
| VID1029/2012 | DSM Nutritional Products, LLC | Suntory Holdings Limited | Patents | 20 June 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions and Interlocutory Hearing set for 18 July 2014 |
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD103/2014 | Austral Masonry (NSW) Pty Ltd | Cementech Pty Limited & Anor | Appeals | 17 June 2014 Judgement Finalised – Dismissed
View orders here |
| SYG779/2014 | Bob Rozinski & Anor | Travelations Pty Ltd & Ors | Copyright | 17 June 2014 Administrative Listing Finalised – Discontinued |
| MLG599/2014 | Jennifer Keck T/A Photojennik Real Estate Photography | Matavier Pty Ltd T/A Barry Plant Real Estate Pakenham | Copyright | 18 June 2014 Administrative Listing Finalised – Dismissed
View orders here |
| NSD2567/2013 | The Search Party Pty Ltd | Tempurer Pty Ltd | Trade marks | 18 June 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here
|
| NSD1006/2013 | Apotex Pty Ltd | Bayer Pharma Aktiengesellsch ft & Anor | Appeals | 19 June 2014 Judgement Finalised – Dismissed
View judgement here |
| NSD833/2013 | Generic Health Pty Ltd & Anor | Bayer Pharma Aktiengesellschaft & Anor | Appeals | 19 June 2014 Judgement Finalised – Dismissed
View judgement here |
| NSD921/2013 | Apotex Pty Ltd | Bayer Pharma Aktiengesellsch ft & Anor | 19 June 2014 Judgement Finalised – Dismissed
View judgement here |
|
| NSD984/2013 | Generic Health Pty Ltd & Anor | Bayer Pharma Aktiengesellschaft & Anor | Appeals | 19 June 2014 Judgement Finalised – Dismissed
View judgement here |
| NSD936/2012 | Merck Sharp & Dohme Corp & Anor | Apotex Pty Ltd | Not Defined | 19 June 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| VID418/2011 | Bob Jane Corporation Pty Ltd | Webtyre.net Pty Ltd & Ors | Trade marks | 19 June 2014 Judgement Finalised – Granted/ Allowed
View orders here View judgement here |
| NSD233/2014 | Malt Shovel Brewery Pty Limited & Anor | James Squire Pty Ltd & Anor | Infringement | 20 June 2014 Administrative Listing Finalised – Dismissed By Consent |
| NSD96/2011 | Fieldturf Tarkett Inc | Tigerturf International Limited | Patents | 20 June 2014 Judgement Finalised – Granted/ Allowed
View judgement here |
| NSD2040/2013 | Lift Shop Pty Ltd | Easy Living Home Elevators Pty Ltd | Appeals | 20 June 2014 Judgement Finalised – Dismissed
View orders here View judgement here |