An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 25 July 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 |
| MLG1512/2014 | Top Plus Pty Ltd | A-Music Pty Ltd & Anor | Copyright | Directions set for 12 September 2014 |
| VID403/2014 | Bed Bath ‘N’ Table Pty Ltd | Joe George Elasmar & Anor | Trade marks | Scheduling Conference set for 5 September 2014 |
| CAG42/2014 | Top Plus Pty Ltd | Jing Liu and Peisen Guan & Ors | Copyright | First Court Date set for 8 September 2014 |
| MLG1505/2014 | Top Plus Pty Ltd | Rainbow World Development Pty Ltd & Ors | Copyright | Directions set for 12 September 2014 |
| BRG655/2014 | Hells Angels Motorcycle Corporation (Australia) Pty Limited | Highwater (WA) Pty Limited, Alsafe Resources Pty Limited and Tony Stahl all trading as a partnership as Rocktape Australia & Anor | Copyright | First Court Date set for 21 August 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1124/2009 | Generic Health Pty Ltd | Wyeth | Patents | 21 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 14 October 2014 |
| NSD144/2014 | National Servicemen’s Association of Australia (Nsw Branch) Inc | Norman Mallard & Ors | Trade marks | 21 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 8 August 2014 |
| NSD17/2014 | Sealed Air Corporation | Kureha Corporation | Patents | 21 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD2035/2012 | Apotex Pty Limited | Merck Sharp & Dohme Corp & Ano | Patents | 21 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 1 September 2014 |
| NSD2082/2011 | Australian Mud Company Pty Ltd & Anor | Coretell Pty Ltd & Ors | Patents | 24 July 2014 Part Heard Adjourned – Judgement Reserved |
| NSD596/2009 | Alphapharm Pty Ltd | Wyeth | Patents | 21 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 14 October 2014 |
| NSD601/2010 | Evoqua Water Technologies LLC & Anor | GE Betz Pty Ltd & Ors | Patents | 21 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 4 November 2014 |
| VID195/2009 | Sigma Pharmaceuticals (Australia) Pty Ltd | Wyeth | Patents | 21 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 14 October 2014 |
| QUD240/2014 | Shane Andrew O’Mara | Tamawood Limited & Ors | Appeal | 21 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD328/2013 | Research Affiliates LLC | Commissioner of Patents | Appeal | 22 July 2014 Administrative Listing Adjourned – Awaiting Appeal Decision
View orders here |
| NSD558/2014 | Nichia Corporation | Arrow Electronics Australia Pty Ltd | Patents | 22 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 29 September 2014 |
| VID768/2010 | Connect TV Pty Ltd | All Rounder Investments Pty Ltd & Ors | Copyright | 22 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 22 July 2014 |
| MLG498/2014 | Wentworth Services Pty Ltd (T/as Century 21 Wentworth Real Estate (St Kilda)) | Jennifer Williams & Anor | Copyright | 23 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Mention set for 13 October 2014 |
| NSD710/2014 | Geneva Laboratories Limited | Steven Nguyen trading as Health Line Pharmacy-Sydney & Ors | Trade marks | 23 July 2014 Directions Adjourned- Pre-Hearing
View orders here Directions set for 20 August 2014 |
| NSD711/2014 | Geneva Laboratories Limited | Oze-Pharmacy Pty Ltd & Ors | Trade marks | 23 July 2014 Directions Adjourned- Pre-Hearing
View orders here Directions set for 20 August 2014 |
| NSD712/2014 | Geneva Laboratories Limited | Pharmacy 4 Less Pty Ltd & Ors | Trade marks | 23 July 2014 Directions Adjourned- Pre-Hearing
View orders here Directions set for 20 August 2014 |
| VID447/2008 | SNF (Australia) Pty Ltd | Ciba Specialty Chemicals Water Treatment Limited & Ors | Patents | 23 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 26 August 2014 |
| WAD132/2007 | Australian Mud Company Pty Ltd & Ors | Coretell Pty Ltd & Anor | Infringement | 23 July 204 Mention and Directions
Interlocutory Hearing set for 15 August 2014 |
| NSD2535/2013 | Apotex Pty Ltd | Bristol-Myers Squibb Company & Anor | Appeal | 23 July 2014 Administrative Listing Adjourned – Awaiting Appeal Decision
View orders here |
| NSD524/2014 | City Index Limited | Citigroup Inc | Trade marks | 24 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 8 August 2014 |
| NSD643/2014 | H Lundbeck A/S & Anor | Alphapharm Pty Ltd | Patents | 24 July 2014 Administrative Listing Adjourned – Awaiting decision of another Court
View orders here |
| NSD644/2014 | H Lundbeck A/S | Apotex Pty Ltd | Patents | 24 July 2014 Administrative Listing Adjourned – Awaiting decision of another Court
View orders here |
| NSD645/2014 | H Lundbeck A/S & Anor | Aspen Pharma Pty Ltd | Patents | 24 July 2014 Administrative Listing Adjourned – Awaiting decision of another Court
View orders here |
| NSD647/2014 | H Lundbeck A/S & Anor | Sandoz Pty Ltd | Patents | 24 July 2014 Administrative Listing Adjourned – Awaiting decision of another Court
View orders here |
| NSD739/2014 | Samsung Electronics Australia Pty Ltd | Tom Gimblett | Trade marks | 24 July 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here First Directions set for 30 July 2014 |
| VID270/2013 | Rodolfo Antonio Gomez | Colin Bruce Rawson & Ors | Patents | 24 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 17 November 2014 |
| VID353/2014 | San Miguel Corporation | Cargopack Pty Ltd | Patents | 24 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD149/2014 | Anchorage Capital Partners Pty Limited | ACPA Pty Ltd & Anor | Trade marks | 25 July 2014 Judgement Adjourned – Pre-Hearing
View orders here View judgement here Directions set for 29 July 2014 |
| NSD385/2014 | The University of Sydney | ObjectiVision Pty Limited | Patents | 25 July 2014 First Directions Adjourned – Pre-Hearing
View orders here Interlocutory Hearing set for 22 August 2014 |
| QUD736/2013 | CQMS Pty Ltd & Anor | Bradken Resources Pty Limited & Anor | Patents | 25 July 2014 Directions
Hearing set for 13 April 2015 |
| SAD224/2012 | Harcourts WA Pty Ltd | Roy Weston Nominees Pty Ltd | Trade marks | 25 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 12 August 2014 |
| WAD167/2013 | Roy Weston Nominees Pty Ltd | Harcourts WA Pty Ltd | Trade marks | 25 July 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 12 August 2014 |
| NSD675/2014 | TigerTurf International Ltd | FieldTurf Tarkett Inc | Appeal | 25 July 2014 Directions Adjourned – Pre-Hearing
View orders here Hearing set for 14 August 2014 |
| NSD676/2014 | TigerTurf International Ltd | FieldTurf Tarkett Inc | Appeal | 25 July 2014 Directions Adjourned – Pre-Hearing
View orders here Hearing set for 14 August 2014 |
Finalised Cases
| File No | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD461/2014 | Sports Data Pty Ltd | Prozone Sports Australia Pty Ltd | Copyright | 21 July 2014 Directions Finalised – Discontinued/ Withdrawn
View orders here |
| NSD395/2011 | Vehicle Monitoring Systems Pty Limited | Sarb Management Group Pty Ltd T/A Database Consultants Australia | Patents | 22 July 2014 Administrative Listing Finalised – Discontinued/ Withdrawn
View orders here |
| VID1291/2011 | Smart Openers Pty Ltd | Automatic Technology (Australia) Pty Ltd & Anor | Patents | 22 July 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| SYG1420/2014 | Microsoft Corporation & Ors | Tae Yong Kim T/A Minet Communications & Technologies | Copyright | 23 July 2014 Directions Finalised – Allowed in Part, Other Orders Made
View orders here |
| VID1311/2013 | Louis Vuitton Malletier | Imagination Group (Aust) Pty Ltd | Trade marks | 24 July 2014 Administrative Listing Finalised – Dismissed
View orders here |
| ADG216/2012 | Top Plus Pty Ltd & Anor | Muse Entertainment Pty Ltd & Ors | Infringement | 25 July 2014 Administrative Listing Finalised – Dismissed
View orders here |