Intellectual Property Litigation Round-Up – 31 January 2014

An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 31 January 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
WAD18/2014 Austming Trade Pty Ltd Mindsinsync, Inc. Patents Directions set for 21 February 2014

 

Case Developments

File No. Applicant(s) Respondent(s) Type Development
NSD2147/2011 Versatile Homes Pty Ltd & Ors RCMD Pty Ltd & Ors Copyright 31 January 2014 Return of Subpoena Adjourned – Part Heard

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QUD374/2013 Peanut Company of Australia Limited G Crumpton & Sons & Co Pty Ltd & Ors Infringement 28 January 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions and Interlocutory Hearing set for 10 April 2014

VID1334/2013 Monk Legal Pty Ltd & Anor Pro-Vac Cleaning Systems Group Pty Ltd & Anor Patents 28 January 2014 First Directions Adjourned – Pre-Hearing

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Directions set for 11 April 2014

NSD51/2012 Apotex Pty Ltd Les Laboratoires Servier Patents 29 January 2014 Administrative Listing Adjourned – Final Hearing Concluded, Awaiting Submissions

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Directions set for 27 February 2014

VID1147/2013 Spraying Systems Co & Anor Spray Technologies Co (Dayangzhou) Pty Ltd Copyright 29 January 2014 Administrative Listing Adjourned – Pre-Hearing

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Scheduling Conference set for 20 February 2014

VID763/2013 Facton Ltd & Ors Redac International Pty Ltd & Ors Trade marks 29 January 2014 Return of Subpoena Adjourned – Pre-Hearing

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Directions set for 7 February 2014

NSD1771/2013 Board & Batten International Inc & Ors Vuly Pty Limited & Ors Patents 30 January 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions set for 28 February 2014

NSD1774/2011 Attachmate Corporation Commonwealth of Australia Copyright 30 January 2013 Administrative Listing Adjourned – Pre-Hearing

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Directions set for 4 March 2014

NSD2426/2013 Eremad Pty Ltd Sanofi Trade marks 30 January 2014 Administrative Hearing Adjourned – Pre-Hearing

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First Directions set for 18 February 2014

NSD315/2013 Samsung Electronics Co Ltd & Anor Apple Inc. & Anor Patents 31 January 2014 Administrative Listing Adjourned – Part Heard

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31 January 2014 Part Heard Adjourned – Part Heard

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Case Management Conference set for 28 February 201

NSD681/2009 Optiver Australia Pty Ltd & Anor Tibra Trading Pty Ltd & Ors Copyright 30 January 2014 Administrative Listing Adjourned – For review of progress

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Directions set for 15 July 2014

VID1107/2013 AstraZeneca AB & Anor Alphapharm Pty Ltd Patents 30 January 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions set for 19 February 2014

NSD1639/2007 Apotex Pty Ltd Sanofi-Aventis Patents 31 January 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions set for 11 March 2014

NSD2595/2013 Ausplow Pty Ltd CDG Imports Pty Ltd t/as Direct Seeding and Harvesting Equipment Patents 31 January 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions set for 17 March 2014

NSD987/2012 D & D Group Pty Ltd & Anor Safetech Hardware Pty Ltd & Anor Patents 31 January 2014 Administrative Listing Adjourned – Pre-Hearing

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Directions set for 13 March 2014

NSD2526/2013 Bristol-Myers Squibb Company & Anor Apotex Pty Ltd Appeals 29 January 2014 Mention

Callover set for 5 February 2014

NSD2535/2013 Apotex Pty Ltd Bristol-Myers Squibb Company & Anor Appeals 29 January 2014 Mention

Callover set for 5 February 2014

 

 Finalised Cases

File No. Applicant(s) Respondent(s) Type Outcome
NSD2267/2013 Sportingbet Australia Pty Ltd Tabcorp Holdings Limited Trade marks 28 January 2014 Administrative Listing Finalised – Dismissed By Consent

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VID387/2013 Feggari Pty Ltd Modelco Pty Ltd Trade marks 28 January 2014 Administrative Listing Finalised – Dismissed By Consent

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VID952/2013 Mondelez Australia Pty Ltd & Ors The Natural Cordial Company Pty Ltd & Ors Trade marks 28 January 2014 Administrative Listing Finalised – Dismissed By Consent

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NSD1968/2008 Danisco A/S & Anor Novozymes A/S & Anor Patents 30 January 2014 Administrative Listing Finalised – Granted/Allowed in Part – Other Orders Made
VID1374/2013 Premium Floors Australia Pty Limited G P Embelton & Comaany Proprietary Limited Copyright 30 January 2014 Administrative Listing Finalised – Discontinued/ Withdrawn
SYG2845/2013 Phonographic Performance Company of Australia Limited & Ors Finicon Holdings Pty Ltd & Anor Copyright 31 January 2014 Administrative Listing Finalised Dismissed By Consent

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VID69/2013 The Haven Foundation Limited Loddon Mallee Housing Services Limited Trade marks 31 January 2014 Administrative Listing Finalised – Dismissed By Consent

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