Intellectual Property Litigation Round-Up – 23 January 2015

Mark Williams, Special Counsel

10 years ago

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 23 January 2015.

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
VID19/2015	Alltel Pty Ltd	Ashley Breeden & Anor	Copyright	20 February 2015 First Directions
NSD38/2015	Just Squeezed Fruit Juices (NSW) Pty Ltd	Just Squeezed Fruit Juices Pty Ltd	Trade Mark	17 February 2015 First Directions
NSD43/2015	Bridgestone Licensing Services Inc	Marshalls Mono Limited	Trade Mark	17 February 2015 First Directions
MLG97/2015	Aizaz Hassan	The Age Company Limited & Anor	Copyright	20 February 2015 Directions

Case Developments

File No.	Applicant(s)	Respondent(s)	Type	Development
NSD491/2010	GE BetzDearborn Canada Company	Memcor Australia Pty Ltd	Patent		12 January 2015 Administrative Listing Adjourned – Pre- Hearing View Orders here Directions listed for 10 February 2015
WAD383/2014	Pacvac Pty Ltd	Central Cleaning Supplies (Aust) Pty Ltd	Patent		13 January 2015 Administrative Listing Adjourned – Pre- Hearing View Orders here Interlocutory Hearing set for 17 February 2015
NSD935/2014	Bauer Consumer Media Ltd & Anor	Evergreen Television Pty Ltd	Trade Mark		14 January 2015 Administrative Listing Adjourned – Pre- Hearing View Orders here Directions set for 4 March 2015
NSD339/2014	Janette Gail Francis	Allen & Unwin Pty Limited & Ors	Copyright		15 January 2015 Administrative Listing Adjourned – Pre- Hearing View Orders here
NSD2556/2013	Voxson Pty Ltd	Telstra Corporation Ltd ACN 051 775 556 & Ors	Patent		16 January 2015 Administrative Listing Adjourned – Pre- Hearing View Orders here Interlocutory Hearing set for 4 February 2015
NSD2436/2013	Voxson Pty Limited	Telstra Corporation Limited & Ors	Patent		20 January 2015 Administrative Listing Adjourned – Pre- Hearing View Orders here Interlocutory Hearing set for 4 February 2015
VID714/2014	InSight Clinical Imaging Pty Ltd	Insight Radiology Pty Ltd & Anor	Trade Mark		20 January 2015 Administrative Listing Adjourned – Part Heard View Orders here
MLG2267/2014	BSB Pacific Pty Ltd	Salon Concepts NZ Ltd & Ors	Trade Mark		21 January 2015 Administrative Listing Adjourned – Pre- Hearing View Orders here
WAD347/2014	Safety Direct Solutions Pty Ltd	Matthew James Watson & Anor	Coyright		22 January 2015 Administrative Listing Adjourned – Pre- Hearing View Orders here Directions Hearing set for 31 March 2015
NSD149/2014	Anchorage Capital Partners Pty Limited	ACPA Pty Ltd & Anor	Trade Mark		23 January 2015 Retu4rn of Subpoena Adjourned – Part- Heard View Orders here Part Heard set for 29 January 2015
NSD940/2014	James William Christian & Anor	Societe Des Products Nestle S.A. & Anor	Intellectual Property		20 January 2015 Administrative Listing Adjourned – Pre- Hearing View Orders here Full Court Hearing set for 2 March 2015
NSD2526/2013	Bristol-Myers Squibb Company & Anor	Apotex Pty Ltd	Intellectual Property		23 January 2015 Judgment Finalised – Dismissed View Orders here View Judgment here
NSD2535/2013	Apotex Pty Ltd	Apotex Pty Ltd	Intellectual Property		23 January 2015 Judgment Adjourned – Final Hearing Concluded, Awaiting Submissions View Orders here View Judgment here

Finalised Cases

File No	Applicant(s)		Respondent(s)	Type		Outcome
BRG617/2014	Heather Nyssen & Denise Lawrence T/A Trim N Healthy		Slim N Healthy Pty Ltd & Anor	Trade Mark		13 January 2015 Administrative Listing Finalised – Discontinued
VID269/2014	Dealer Support Services Pty Ltd	Motor Trades Association of Australia Ltd		Trade Mark	19 December 2015 Administrative Listing Finalised – Dismissed by Consent View Orders here