An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 21 March 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 |
| MLG498/2014 | Wentworth Services Pty Ltd (trading as Century 21 Wentworth Real Estate (St Kilda)) | Jennifer Williams & Anor | Copyright | Directions set for 28 April 2014 |
| NSD272/2014 | Dick Smith Investments Pty Ltd & Anor | Roger John Ramsey | Trade marks | First Directions set for 2 May 2014
View Article here |
| NSD273/2014 | Refine Technology LLC | DSM IP Assets Bv | Patents | First Directions set for 15 April 2014 |
| QUD114/2014 | Motorcycle Aftermarket Spares Pty Ltd | Tamworth Cycle Tune Pty Ltd & Motorcycle Parts Online Australia Pty Ltd & Stephen James Nagle | TBA | TBA |
| VID174/2014 | Forever 21, Inc | Crazy Horse Clothing Company Pty Ltd | Trade marks | First Directions set for 2 May 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1698/2013 | Upaid Systems Ltd | Telstra Corporation | Patents | 17 March 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 31 March 2014 |
| NSD227/2011 | Tigerturf International Ltd | Fieldturf Tarkett Inc | Patents | 17 March 2014 Hearing Adjourned – Pre-Hearing
View orders here Part Heard set for 17 March 2014 |
| NSD2295/2013 | Pandrol Australia Pty Limited | Australian Railway Supply Company Pty Limited | Trade marks | 17 March 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 8 April 2014 |
| NSD2426/2013 | Eremad Pty Ltd | Sanofi | Trade marks | 17 March 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 1 April 2014 |
| NSD2595/2013 | Ausplow Pty Ltd | CDG Imports Pty Ltd t/as Direct Seeding and Harvesting Equipment | Patents | 17 March 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 30 April 2014 |
| NSD315/2013 | Samsung Electronics Co Ltd & Anor | Apple Inc. & Anor | Patents | 19 March 2014 Part Heard
Part Heard set for 24 March 2014 |
| NSD601/2010 | Siemens Water Technologies Corp & Memcor Australia Pty Ltd & Anor | GE Betz Pty Ltd & Ors | Patents | 17 March 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 2 September 2014 |
| NSD96/2011 | Fieldturf Tarkett Inc | Tigerturf International Limited | Patents | 19 March 2014 Part Heard
Part Heard set for 24 March 2014 |
| QUD93/2014 | Nextra Australia Pty Limited & Anor | Automatic, Inc | Trade marks | 17 March 2014 Interlocutory Hearing
Interlocutory Hearing set for 24 March 2014 |
| SYG2925/2013 | Andrea Carter-Bowman Ltd | Reed Pacific Media Pty Ltd & Ors | Copyright | 17 March 2014 Administrative Listing Adjourned –Pre-Hearing
View orders here Hearing set for 19 May 2014 |
| SYG3218/2013 | Microsoft Corporation & Ors | Ramez Morris Sarofeem trading as ‘PC Tele Consulting’ | Copyright | 17 March 2014 Directions Adjourned – Pre-Hearing
View orders here |
| VID463/2013 | B. Braun Melsungen AG | Multigate Medical Devices Pty Ltd | Patents | 19 March 2014 Part Heard Adjourned
Part Heard set for 24 March 2014 |
| NSD149/2014 | Anchorage Capital Partners Pty Limited | ACPA Pty Ltd | Trade marks | 18 March 2014 First Directions Adjourned – Pre-Hearing
View orders here Directions set for 3 June 2014 |
| NSD199/2014 | Warner-Lambert Company LLC | Apotex Pty Ltd | Patents | 18 March 2014 Publication of Reasons Adjourned – Pre-Hearing
View judgement here |
| NSD2082/2011 | Australian Mud Company Pty Ltd & Anor | Coretell Pty Ltd & Ors | Patents | 18 March 2014 Directions Adjourned – Judgment Reserved
View orders here Hearing set for 14 April 2014 |
| NSD2501/2013 | Ainsworth Game Technology Limited | Aristocrat Technologies Australia Pty Ltd | Patents | 18 March 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 10 April 2014 |
| QUD168/2013 | Kinnect Holdings Pty Ltd & Anor | Independent Practitioners Network Pty Ltd & Anor | Infringement | 18 March 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 2 July 2014 |
| SYG282/2014 | Vincent Khoury Tylor | Integrated Travel Services Pty Limited & Anor | Copyright | 20 March 2014 First Court Date Adjourned – Pre-Haring
Mention set for 28 October 2014 |
| VID259/2013 | Sandvik Intellectual Property AB & Anor | Quarry Mining & Construction Equipment Pty Ltd | Patents | 18 March 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 27 March 2014 |
| VID853/2013 | Streetworx Pty Ltd | Artcraft Urban Group Pty Ltd & Anor | Patents | 18 March 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Hearing set for 28 April 2014 |
| NSD1273/2010 | Multisteps Pty Ltd | Source and Sell Pty Ltd | Patents | 19 March 2014 Return of Subpoena Adjourned – Pre-Hearing
View orders here Directions set for 24 March 2014 |
| NSD2103/2013 | Bldcare Australia Pty Ltd & Ors | Registrar of Trade Marks & Ors | Trade marks | 19 March 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 27 March 2014 |
| NSD537/2013 | Aristocrat Technologies Australia Pty Ltd | Ainsworth Game Technology Limited | Patents | 19 March 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 9 December 2014 |
| VID763/2013 | Facton Ltd & Ors | Redac International Pty Ltd & Ors | Trade marks | 19 March 2014 Return of Subpoena Adjourned – Pre-Hearing
View orders here Directions set for 26 May 2014 |
| VID876/2010 | The Coca-Cola Company | Pepsico Inc & Ors | Trade marks | 19 March 2014 Administrative Listing Adjourned- Pre-Hearing
View orders here Hearing set for 25 March 2014 |
| VID96/2014 | Smash Enterprises Pty Ltd | Smiggle Pty Ltd | Copyright | 19 March 2014 Administrative Listing Adjourned – Part-Heard
View orders here First Directions set for 16 April 2014 |
| NSD936/2012 | Merck Sharp & Dohme Corp & Anor | Apotex Pty Ltd | Patents | 20 March 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 8 April 2014 |
| SYG284/2014 | Vincent Khoury Tylor | Travelscene Pty Limited & Anor | Copyright | 20 March 2014 First Court Date Adjourned – Pre-Hearing
View orders here Hearing of Interlocutory Application set for 14 July 2014 |
| NSD162/2014 | Unilever Australia Limited & Anor | The Proctor & Gamble Company | Trade marks | 21 March 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 29 April 2014 |
Finalised Cases
| File No. | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD1441/2012 | The College of Law Limited | Australian National University | Trade marks | 17 March 2014 Hearing Finalised – Dismissed By Consent
View orders here |
| NSD2227/2012 | Neptune Technologies & Bioressources Inc | Aker Biomarine AS | Patents | 17 March 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| PEG51/2014 | Western Australian Land Authority | Registrar of Trade Marks | Appeal | 17 March 2014 Administrative Listing Finalised – Dismissed |
| SYG239/2013 | The Unit Australia Pty Ltd | Bell Potter Securities Ltd | Copyright | 19 March 2014 Administrative Listing Finalised Dismissed By Consent
View orders here |
| SYG283/2014 | Vincent Khoury Tylor | Online Booking Group Pty Limited & Anor | Copyright | 19 March 2014 Administrative Listing Finalised – Discontinued |
| VID518/2013 | Key Business Advisors Pty Ltd & Anor | Crown Sales & Performance Training Pty Ltd & Anor | Copyright | 19 March 2014 Administrate Listing Finalised – Dismissed By Consent
View orders here |
| VID1200/2013 | Novartis AG & Anor | Apotex Pty Limited | Patents | 20 March 2014 Administrative Listing Finalised – Discontinued/ Withdrawn
View orders here |