An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 28 February 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 |
| NSD199/2014 | Warner-Lambert Company LLC | Apotex Pty Ltd | Patents | 27 February 2014 Directions Adjourned – For Hearing
View orders here |
| NSD226/2014 | Surgibit IP Holdings Pty Ltd & Anor | Liam Ellis & Ors | Patents | First Directions set for 27 March 2014 |
| VID131/2014 | Packit Industrial Packaging (QLD) Pty Ltd | Intelipac Australia Pty Ltd | Infringement | First Directions set for 17 April 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1273/2010 | Multisteps Pty Ltd | Source and Sell Pty Ltd | Patents | 24 February 2014 Interlocutory Hearing Adjourned – For review of progress
View orders here Return of Subpoena set for 19 March 2014 |
| NSD1698/2013 | Upaid Systems Ltd | Telstra Corporation Ltd | Patents | 24 February 2014 Adjourned – Pre-Hearing
View orders here Directions set for 31 March 2014 |
| SYG2363/2013 | Ahiida Pty Ltd | JB Trading Group Pty Ltd | Design | 24 February 2014 First Court Date Adjourned – Pre-Hearing
View orders here Directions set for 6 May 2014 |
| NSD1010/2013 | Vringo Infrastructure INC | ZTE (Australia) Pty Ltd | Infringement | 25 February 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Directions set for 7 April 2014 |
| NSD1822/2013 | Halal Certification Authority Pty Limited | Scadilone Pty Limited Trading As Sofra Pizza Pide & Kebab House & Ors | Trade marks | 25 February 2014 Directions Adjourned – For Hearing
View orders here Hearing set for 1 May 2014 |
| NSD2107/2013 | Halal Certification Authority Pty Limited | Quality Kebabs Wholesalers Pty Limited & Ors | Trade marks | 25 February 2014 Directions Adjourned – For Hearing
View orders here Hearing set for May 2014 |
| NSD2295/2013 | Pandrol Australia Pty Limited | Australian Railway Supply Company Pty Limited | Trade marks | 25 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 18 March 2014 |
| NSD2340/2013 | Skyy Spirits LLC | Lodestar Anstalt | Trade marks | 25 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 1 July 2014 |
| NSD2501/2013 | Ainsworth Game Technology Limited | Aristocrat Technologies Australia Pty Ltd | Patents | 25 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 18 March 2014 |
| VID876/2013 | AstraZeneca AB & Anor | Alphapharm Pty Ltd | Patents | 25 February 2014 Hearing Adjourned – Judgement Reserved |
| NSD121/2012 | Otsuka Pharmaceutical Co., Ltd & Anor | Generic Health Pty Ltd | Patents | 26 February 2014 Interlocutory Hearing Adjourned – For Hearing
View orders here Administrative Listing set for 3 March 2014 |
| NSD1902/2013 | Eli Lilly And Company & Anor | Generic Health Pty Ltd | Patents | 26 February 2014 Case Management Conference Adjourned – Pre Hearing
Directions set for 10 April 2014 |
| NSD2103/2013 | Bldcare Australia Pty Ltd & Ors | Registrar of Trade Marks & Ors | Trade marks | 26 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 20 March 2014 |
| NSD491/2010 | GE BetzDearborn Canada Company | Memcor Australia Pty Ltd | Patents | 28 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 7 March 2014 |
| NSD622/2012 | Eli Lilly and Company & Anor | Apotex Pty Ltd | Patents | 26 February 2014 Case Management Conference Adjourned – Pre Hearing
Directions set for 10 April 2014 |
| SYG3214/2013 | Societe des Produits Nestle SA & Anor | James William Christian & Anor | Trade marks | 28 February 2014 Judgement Adjourned – Pre-Hearing
View orders here View judgement here Directions set for 31 March 2014 |
| VID270/2013 | Rodolfo Antonio Gomez | Colin Bruce Rawson & Ors | Patents | 26 February 2014 Interlocutory Hearing Adjourned – Pre-Hearing
View orders here Directions set for 10 April 2014 |
| QUD34/2014 | N & E Bowder Pty Ltd & Ors | Australian Keg Company Pty Ltd | Appeals | 27 February 2014 Hearing |
| NSD17/2014 | Sealed Air Corporation | Kureha Corporation | Patents | 27 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 25 March 2014 |
| NSD2056/2013 | Prime Lawyers Pty Limited | Gerard Malouf and Partners Pty Ltd & Anor | Copyright | 27 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 3 April 2014 |
| NSD51/2012 | Apotex Pty Ltd | Les Laboratoires Servier | Patents | 27 February 2014 Directions Adjourned – Final Hearing Concluded, Awaiting Submissions
View orders here Directions set for 1 May 2014 |
| NSD763/2013 | Apotex Pty Limited | Warner-Lambert Company Llc | Patents | 27 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 16 September 2014 |
| NSD2459/2013 | Verizon Trademark Services LLC & Anor | The Verizon Group Pty Ltd | Trade marks | 28 February 2014 Directions Adjourned – Pre-Hearing
View orders here |
| NSD315/2013 | Samsung Electronics Co Ltd & Anor | Apple Inc. & Anor | Patents | 28 February 2014 Case Management Conference
Part Heard set for 3 March 2014 |
| VID1051/2010 | Damorgold Pty Ltd & Anor | J.A.I. Products Pty Ltd | Patents | 28 February 2014 Judgement Adjourned – Pre-Hearing
View orders here View judgement here |
| VID1335/2013 | Sly Ink Pty Ltd | Screentime Pty Ltd | Copyright | 28 February 2014 Directions Adjourned- Pre-Hearing
View orders here Directions set for 3 June 2014 |
Finalised Cases
| File No. | Applicant(s) | Respondent(s) | Type | Outcome |
| VID1104/2013 | Radnor Corp Pty Ltd | Ricegrowers Limited | Trade marks | 24 February 2014 Administrative Listing Finalised – Dismissed By Consent
View orders here |
| NSD2498/2013 | Ainsworth Game Technology Limited | Aristocrat Technologies Australia Pty Ltd | Patents | 25 February 2014 Hearing Finalised- Dismissed
View orders here |
| VID1103/2013 | Under Armour, Inc | Warrior Challenge Pty Ltd | Trade marks | 25 February 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| WAD27/2013 | Roadwest Transport Equipment & Sales Pty Ltd | Bonfiglio Holdings Pty Ltd & Ors | Design | 25 February 2014 Administrative Listing Finalised – Dismissed by Consent
View orders here |
| SYG2462/2013 | Vincent Khoury Tylor | Serpil Aydogan Sevin | Copyright | 26 February 2014 Hearing Finalised – Allowed
View orders here |
| NSD1587/2012 | Make-Up Art Cosmetics Inc & Anor | Premium Designer Brands Pty Ltd & Ors | Trade marks | 28 February 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
