An Australian Intellectual Property Litigation Round-Up from the Commonwealth Courts portal for the week ending 7 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 |
| SYG281/2014 | Taylor V K | Bestway Travel Pty Limited & Chow S S | TBA | First Court Date set for 20 March 2014 |
| SYG282/2014 | Taylor V K | Integrated Travel Services Pty Limited & Adams P A | TBA | First Court Date set for 20 March 2014 |
| SYG283/2014 | Vincent Khoury Tylor | Online Booking Group Pty Limited & Anor | Copyright | First Court Date set for 20 March 2014 |
| SYG284/2014 | Taylor V K | Travelscene Pty Limited & Best Flights Pty Limited | TBA | First Court Date set for 20 March 2014 |
| VID63/2014 | Packit Industrial Packaging (QLD) Pty Ltd | Bunzl Food Precessor Supplies Pty Ltd | TBA | Scheduling Conference set for 4 April 2014 |
| SYG265/2014 | George Jaksic T/A Geographics Group | Jascom International Pty Limited & Ors | Copyright | First Court Date set for 12 March 2014 |
Case Developments
| File No. | Applicant(s) | Respondent(s) | Type | Development |
| NSD1335/2012 | Make-Up Art Cosmetics Inc. & Ors | Brandpoint Pty Ltd | Trade marks | 3 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 4 April 2014 |
| NSD1386/2012 | Esco Corporation & Anor | Bradken Resources Pty Limited & Anor | Patents | 3 February 2014 Directions Adjourned – Pre-Hearing
View orders here Case Management Conference set for 26 March 2014 |
| NSD1697/2010 | Interflow Holdings Pty Ltd & Anor | Kembla Watertech Pty Ltd | Patents | 7 February 2014 Part Heard Adjourned – Part-Heard
View orders here Part Heard set for 10 February 2014 |
| NSD2147/2011 | Versatile Homes Pty Ltd & Ors | RCMD Pty Ltd & Ors | Copyright | 3 February 2014 Part Heard Adjourned – Pre-Hearing
View orders here |
| NSD2459/2013 | Verizon Trademark Services LLC & Anor | The Verizon Group Pty Ltd | Trade marks | 3 February 2014 First Directions Adjourned – Pre-Hearing
View orders here Directions set for 28 February 2014 |
| NSD491/2010 | GE BetzDearborn Canada Company | Memcor Australia Pty Ltd | Patents | 3 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 26 February 2014 |
| QUD486/2013 | Courier Pete Pty Ltd | Metroll Queensland Pty Ltd & Ors | Design | 3 February 2014 Directions Adjourned – For review of progress
View orders here Directions set for 14 February 2014 |
| QUD787/2012 | CQMS Pty Ltd | L & H Industrial Australia Pty Ltd | Patents | 3 February 2014 Hearing Adjourned – Pre-Hearing |
| VID1123/2013 | Shane Robert Miles | Commissioner of Patents | Appeals | 3 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD2611/2013 | Brenton Hill | John McConchie & Ors | Copyright | 4 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 6 March 2014 |
| SAD291/2013 | Neobev Pty Ltd | Bacchus Distillery Pty Ltd (Administrators Appointed) | Patents | 4 February 2014 Adjourned – Part-Heard
View orders here View judgement here Hearing set for 13 February 2014 |
| SAD99/2012 | Lifeplan Australia Friendly Society Ltd & anor | Noel Woff & ors | Copyright | 4 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 18 February 2014 |
| NSD1902/2013 | Eli Lilly And Company & Anor | Generic Health Pty Ltd | Patents | 5 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 10 April 2014 |
| NSD2056/2013 | Prime Lawyers Pty Limited | Gerard Malouf and Partners Pty Ltd & Anor | Copyright | 5 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 3 April 2014 |
| NSD2373/2013 | Board & Batten International Inc & Anor | Vuly Trampolines Pty Limited | Patents | 5 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 17 March 2014 |
| NSD2438/2013 | Brand Developers Ltd | Teamworx Australia Pty Ltd & Ors | Trade marks | 5 February 2014 First Directions Adjourned – Pre-Hearing
View orders here Directions set for 20 May 2014 |
| NSD2537/2013 | Clipsal Australia Pty Limited & Anor | Clipso Electrical Pty Limited & Anor | Trade marks | 5 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here First Directions set for 25 March 2014 |
| NSD622/2012 | Eli Lilly and Company & Anor | Apotex Pty Ltd | Patents | 5 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 10 April 2014 |
| QUD731/2013 | Surveillance Guard Co Limited | Jeffrey Holland | TBA | 5 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| VID294/2012 | BLH Engineering And Construction Pty Ltd & Anor | Pro 3 Products Pty Ltd | Patents | 5 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 16 May 2014 |
| NSD103/2014 | Austral Masonry (NSW) Pty Ltd | Cementech Pty Limited & Anor | Appeals | 5 February 2014 Callover Adjourned – Pre-Hearing
View orders here |
| NSD2526/2013 | Bristol-Myers Squibb Company & Anor | Apotex Pty Ltd | Appeals | 5 February 2014 Callover Adjourned – Pre-Hearing
View orders here |
| NSD2535/2013 | Apotex Pty Ltd | Bristol-Myers Squibb Company & Anor | Appeals | 5 February 2014 Callover Adjourned – Pre-HearingView orders here |
| NSD2082/2011 | Australian Mud Company Pty Ltd & Anor | Coretell Pty Ltd & Ors | Patents | 6 February 2014 Return of Subpoena Adjourned – Pre-Hearing
View orders here Directions set for 18 March 2014 |
| NSD2124/2013 | Virgin Enterprises Limited | Agripower Australia Limited | Appeals | 6 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 7 March 2014 |
| NSD2456/2013 | Orion Corporation & Ors | Actavis Australia Pty Ltd | Patents | 6 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 4 April 2014 |
| NSD2567/2013 | The Search Party Pty Ltd | Tempurer Pty Ltd | Trade marks | 6 February 2014 First Directions Adjourned – Part-Heard
View orders here Directions set for 24 March 2014 |
| QUD139/2012 | Leica Geosystems Pty Ltd & Ors | Andrew Koudstaal & Anor | Copyright | 6 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 14 February 2014 |
| SYG3145/2013 | Vertical Leisure Limited & Anor | Skyrunner Pty Ltd & Anor | Copyright | 6 February 2014 First Court Date Adjourned – Pre-Hearing
View orders here Directions set for 3 March 2014 |
| NSD1384/2009 | Euro-Celtique S.A. | Sandoz Pty Ltd | Appeals | 7 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD1385/2009 | Sandoz Pty Ltd | Euroceltique S.A. | Appeals | 7 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD1429/2011 | Aristocrat Technologies Australia Pty Ltd | Konami Australia Pty Ltd | Patents | 7 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Hearing set for 4 March 2014 |
| NSD1639/2007 | Apotex Pty Ltd | Sanofi-Aventis | Patents | 7 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 11 March 2014 |
| NSD2002/2013 | The Pilbara Infrastructure Pty Ltd | Lynx Engineering Consultants Pty Ltd | Patents | 7 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 6 March 2014 |
| NSD2147/2013 | Sandoz Pty Ltd | Euro-Celtique S.A | Patents | 7 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| NSD2461/2007 | Bradken Resources Pty Ltd | Lynx Engineering Consultants Pty Ltd | Patents | 7 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions and Interlocutory Hearing set for 6 March 2014 |
| QUD797/2013 | NQ Group Pty Ltd | CQ Group Australia Pty Ltd & Anor | Trade marks | 7 February 2014 Directions Adjourned – Pre-Hearing |
| SAD224/2012 | Harcourts WA Pty Ltd | Roy Weston Nominees Pty Ltd | Trade marks | 7 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here Directions set for 13 February 2014 |
| VID1173/2013 | Mastronardi Produce Ltd | The Registrar of Trade Marks | Trade marks | 7 February 2014 Scheduling Conference Adjourned – For review of progress
View orders here |
| VID1200/2013 | Novartis AG & Anor | Apotex Pty Limited | Patents | 7 February 2014 Case Management Conference
Hearing set for 4 August 2014 |
| VID1311/2013 | Louis Vuitton Malletier | Imagination Group (Aust) Pty Ltd | Trade marks | 7 February 2014 Scheduling Conference Adjourned – Pre-Hearing
View orders here Directions set for 28 March 2014 |
| VID1335/2013 | Sly Ink Pty Ltd | Screentime Pty Ltd | Copyright | 7 February 2014 Scheduling Conference Adjourned – Pre-Hearing
View orders here Directions set for 4 April 2014 |
| VID1381/2013 | Sunesis Pharmaceuticals Inc & Anor | Commissioner of Patents | Patents | 7 February 2014 Administrative Listing Adjourned – Pre-Hearing
View orders here |
| VID263/2012 | Bugatti GmbH | Shine Forever Men Pty Ltd | Trade marks | 7 February 2014 Directions Adjourned Pre-Hearing
View orders here Hearing set for 18 February 2014 |
| VID603/2013 | Les Laboratoires Servier & Anor | Apotex Pty Ltd & Anor | Patents | 7 February 2014 Directions and Interlocutory Hearing |
| VID753/2013 | International Diamond Co Pty Ltd | Capital City Diamond Exchanges Pty Ltd | Trade marks | 7 February 2014 Directions Adjourned – Pre-Hearing
View orders here Directions set for 2 May 2014 |
| VID763/2013 | Facton Ltd & Ors | Redac International Pty Ltd & Ors | Trade marks | 7 February 2014 Directions |
| VID853/2013 | Streetworx Pty Ltd | Artcraft Urban Group Pty Ltd & Anor | Patents | 7 February 2014 Directions Adjourned – Pre-Hearing
View orders here Hearing set for 28 April 2014 |
Finalised Cases
| File No. | Applicant(s) | Respondent(s) | Type | Outcome |
| NSD2543/2013 | European Commission | Winemakers’ Federation of Australia Incorporated | Trade marks | 3 February 2014 Administrative Listing Finalised – Discontinued/ Withdrawn |
| VID765/2010 | ACP Machinery Australia Pty Limited | Aerospace Technologies of Australia Limited | Copyright | 3 February 2014 Hearing Finalised – Granted/ Allowed in Part – Other Orders Made
View orders here |