With COVID-19 forcing courts to deal with more matters on the papers, written submissions are more important than ever and must be carefully crafted to assist the court while offering clients the best chance of success, barristers told Lawyerly.
The Full Federal Court has rejected a patent application for a digital advertising system by e-commerce firm Rokt in a test case by IP Australia that comes as a blow to the patentability of computer software in Australia.
Chinese-based witnesses for Hytera may be able to travel to Hong Kong for cross-examination in a now rescheduled copyright trial between Motorola and Hytera, after Chinese law and the ongoing COVID-19 health crisis forced the court to vacate the hearing, initially due to start this week.
A judge has vacated the next stage of an intellectual property fight between Motorola and Hytera Communications because of laws prohibiting witnesses located in China from giving unauthorised evidence via videolink, rejecting a “highly experimental procedural remedy” proposed by Motorola.
A judge has found that an Oregon electronic music duo “flagrantly” copied the 1977 disco hit ‘Love is in the Air’ but has rejected most claims for damages because the copyright holder of the song sued for each streaming and download of the song, rather than for the creation of the infringing work.
The Copyright Tribunal has dismissed an application by media monitoring firm Isentia to lower per-clip rates payable to collecting house Copyright Agency, rejecting arguments the higher fees had led to a loss of customers.
The Federal Court has found that Fuchs Lubricants infringed two patents owned by Quaker Chemicals by supplying hydraulic fluid to a Queensland mine owned by BHP Billiton Mitsubishi Alliance.
Calling the complex intellectual property dispute a “total war” between the tech giants, a judge has dismissed a proposed amended defence by Hytera Communications to Motorola’s allegations of copyright infringement, finding that the “wholly new case” would derail an upcoming trial in May and push it back by at least a year.
A judge overseeing patent litigation over the painkiller Dynastat has urged the parties to narrow any issues in dispute, saying the excessive amounts of money spent in these types of cases could harm public perception.
A landmark ruling granting fintech Rokt’s application for a software patent has come under attack before the Full Federal Court, with the judges expressing skepticism about the invention’s patentability.