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‘This case makes no sense’: Judge says ‘Love Is In The Air’ infringed, but no damages owed
Intellectual Property 2020-04-27 1:48 pm By Christine Caulfield

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.

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Media monitor Isentia loses bid to lower interim copyright fees
Intellectual Property 2020-04-23 5:06 pm By Christine Caulfield

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.

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Fuchs infringed Quaker patents at BHP mine, court finds
Intellectual Property 2020-04-21 7:43 pm By Miklos Bolza

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.

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‘Total war’: Judge rejects Hytera’s new defence in Motorola IP dispute
Intellectual Property 2020-03-06 3:51 pm By Miklos Bolza

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.

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Costly IP cases could make Australian courts look bad, Dynastat patent judge says
Intellectual Property 2020-02-26 5:52 pm By Miklos Bolza

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.

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Rokt parries blows from Full Court as it looks to save software patent
Intellectual Property 2020-02-10 9:53 pm By Miklos Bolza

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.

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Full Court says Oxworks wrongly awarded extra damages in patent suit
Intellectual Property 2020-01-09 5:14 pm By Miklos Bolza

The Full Federal Court has provided clarity around additional damages in patent cases by reducing the penalties liable to be paid by an Australian fencing and gate manufacturer found to have infringed a rival’s patent for a fence base.

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Corrs partner on the hook for security in DNA patent appeal
Intellectual Property 2020-01-06 5:32 pm By Miklos Bolza

A partner at Corrs Chambers Westgarth who successfully opposed a genome editing patent by ToolGen, and a corporate predecessor of law firm Ashurst, have been ordered to pay $375,000 in security in an appeal launched by the South Korean biotech firm.

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Hytera can argue Motorola should have alerted it to stolen IP sooner, Full Court says
Intellectual Property 2019-11-29 2:26 pm By Cat Fredenburgh

The Full Federal Court has handed a win to Hytera in its high-stakes intellectual property litigation with Motorola, allowing the Chinese radio manufacturer to file an amended defence arguing Motorola should have alerted it to the alleged theft of its source code by former employees sooner.

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Australia should follow US’ lead and reject Hytera’s delay defence, court hears
Intellectual Property 2019-11-25 9:44 pm By Miklos Bolza

Motorola has urged the Full Federal Court to uphold a decision dismissing an amended defence by Chinese rival Hytera Communications that sought to blame the US tech company for not alerting it to the alleged theft of its source code sooner, saying a similar argument had already failed in an ongoing trade secrets case in the US.

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