Intellectual Property Litigation Round-Up – 30 January 2015

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 30 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
NSD75/2015 Crown Resorts Limited and Anor Crown Group Holdings Pty Ltd and Ors Trade Mark 24 February 2015

First Directions

VID33/2015 Merial Limited Merial Limited Patent 2 March 2015

First Directions

NSD65/2015 Dallas Buyers Club, LLC iseek Communications Pty Ltd Copyright 23 February 2015

First Directions

SYG213/2015 Phonographic Performance Company of Australia Limited & Ors  Halcyon Industries Pty Ltd & Anor Infringement 17 February 2015

First Court Date

Case Developments

File No. Applicant(s) Respondent(s) Type Development
ADG288/2014 Top Plus Pty Ltd K Illusion Pty Ltd & ors Copyright 27 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Directions listed for 20 April 2015

MLG1512/2014 Top Plus Pty Ltd A-Music Pty Ltd & Ors Copyright 27 January 2015 Directions Adjourned – Pre- Hearing

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Directions listed for 24 February 2015

SYG3549/2014 Australian Associated Press Pty Limited & Ors Investment Trends Pty Limited Copyright 27 January 2015
First Court Date Adjourned – Pre- Hearing

Mention listed for 11 February 2015

VID188/2014 Pacific Enterprises (Aust.) Pty Ltd & Anor Bernen Pty Ltd & Anor Patent 27 January 2015 Administrative Listing Finalised – Granted/ Allowed

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VID447/2008 SNF (Australia) Pty Ltd Ciba Specialty Chemicals Water Treatment Limited & Ors Patent 30 January 2015 Interlocutory Hearing Adjourned – Part- Heard

Interlocutory Hearing listed for 5 February 2015

WAD242/2013 Interactive Internet Services Pty Ltd  CMS Software House Pty Ltd  Copyright 27 January 2015 Mention Adjourned – Pre- Hearing

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Directions listed for 11 March 2015

BRG724/2014 Top Plus Pty Ltd Joo Entertainment Pty Ltd & Ors Copyright 28 January 2015 Directions Adjourned – Pre- Hearing

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Directions listed for 5 March 2015

NSD844/2013 lectrolux Home Products Pty Ltd  Delap Impex Kft & Ors Trade Mark 28 January 2015

Hearing Adjourned – Judgment Reserved

SAD99/2012 Lifeplan Australia Friendly Society Ltd & anor Noel Woff & ors Copyright 28 January 2015 Return of Subpoena Adjourned – Part Heard

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Directions listed for 2 February 2015

WAD383/2014 Pacvac Pty Ltd  Central Cleaning Supplies (Aust) Pty Ltd  Patent 28 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Directions listed for 10 April 2015

NSD149/2014 Anchorage Capital Partners Pty Limited ACPA Pty Ltd & Anor Trade Mark 30 January 2015

Part Heard Adjourned – Part- Heard

Part Heard listed for 2 February 2015

SYG3011/2014 Star Car Wash Cafe Holdings Pty Ltd  P & W Group Pty Ltd  Trade Mark 29 January 2015 Directions Adjourned – Pre- Hearing

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Directions listed for 23 April 2015

NSD149/2014 Anchorage Capital Partners Pty Limited ACPA Pty Ltd & Anor Trade Mark 30 January 2015 Part Heard Adjourned – Part- Heard

Part Heard listed for 2 February 2015

NSD648/2014 Cristal Metals Inc   Christopher John Carter Patent 30 January 2015 Administrative Listing Adjourned – Pre- Hearing

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Directions listed for 3 September 2015

VID447/2008 SNF (Australia) Pty Ltd Ciba Specialty Chemicals Water Treatment Limited & Ors Patent 30 January 2015 Interlocutory Hearing Adjourned – Part- Heard

Interlocutory Hearing listed for 2 February 2015

VID853/2013 Streetworx Pty Ltd  Artcraft Urban Group Pty Ltd & Anor Patent 30 January 2015 Part Heard Adjourned – Part- Heard

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Part Heard listed for 12 February 2015

Finalised Cases

File No Applicant(s) Respondent(s) Type Outcome
SAD268/2013 Torbreck Vintners Pty Ltd David Powell Not Defined 27 January 2015 Examination Finalised – Granted/ Allowed

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NSD701/2014 Mantrose-Haeuser Co, Inc Avondale Foods Pty Ltd ACN 114 658 481 & Ors Patent 28 January 2015 Administrative Listing Finalised – Dismissed by Consent

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NSD680/2013 Garford Pty Ltd DYWIDAG Systems International Pty Ltd & Anor Patent 30 January 2015 Administrative Listing Finalised – Dismissed

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BCSE(Hons) MIP FIPTA

Mark’s academic background is in computer science and electrical engineering. He assists clients in obtaining and enforcing their intellectual property rights in the areas of software, electronics and engineering. Prior to joining Phillips Ormonde Fitzpatrick, Mark worked for a leading automotive manufacturer.