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Aristocrat goes ‘too far’: Konami tells court pokie patent damages should be proportional
Intellectual Property 2019-10-14 10:01 pm By Miklos Bolza

Aristocrat Technology has gone “too far” in seeking full profits from the sale of Konami Australia’s infringing pokie machines, with Konami arguing the court should calculate damages in relation to what proportion of its machines were created using components that infringe the gaming giant’s patent.

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Drunks and prostitutes: Down N’ Out trade mark evokes Sin City, not In-N-Out, court told
Intellectual Property 2019-07-03 8:48 pm By Miklos Bolza

Sydney’s Down N’ Out Burgers has rejected claims that it appropriated the trade mark of US burger chain In-N-Out, telling a court at the close of trial that the founders were inspired by the success of the American company but wanted to evoke the idea of Sin City, not speedy service.

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Judge says sorry for delayed Osteo Gel judgment as penalty hearing set for 2020
Competition & Consumer Protection 2019-06-07 12:34 pm By Miklos Bolza

A Federal Court judge has apologised for “upsetting the applecart” and taking “too long” to publish his judgment in the consumer regulator’s case against GlaxoSmithKline and Novartis over packaging for now discontinued painkiller Osteo Gel.

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GSK narrowly defeats ACCC’s case over revised Osteo Gel packaging
Competition & Consumer Protection 2019-05-17 11:44 pm By Cat Fredenburgh

GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.

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Novel challenge to IP Australia’s building patent grant dropped
Intellectual Property 2019-04-08 8:40 pm By Miklos Bolza

A case simultaneously challenging IP Australia’s decisions to accept, grant and certify an innovation patent owned by one of Australia’s biggest building product companies has been withdrawn, a court has heard.

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Full Court finds Nichia LED patent claims invalid
Intellectual Property 2019-01-29 10:54 pm By Cat Fredenburgh

The Full Federal Court has shot down a challenge by Japanese electronics company Nichia Corp. to a ruling that Arrow Electronics did not infringe its patent for a white light emitting device.

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Network 10 drops Boss name after legal action by Fairfax
Intellectual Property 2018-12-12 10:18 pm By Cat Fredenburgh

A month after Network 10 vowed to fiercely defend against a trade mark infringement case by Fairfax Media over its new ’10 Boss’ logo, the TV broadcaster has agreed to drop the name.

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IP Australia to call for dismissal of novel building patent case
Intellectual Property 2018-12-11 3:41 pm By Miklos Bolza

The Commissioner of Patents will seek to toss a case simultaneously challenging its decisions to accept, grant and certify an innovation patent owned by one of Australia’s biggest building product firms.

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Network 10 to ‘fiercely defend’ Boss trade mark case by Fairfax
Intellectual Property 2018-11-15 1:34 pm By Miklos Bolza

Network 10 told a court Thursday it would “fiercely defend” a trade mark case brought by Fairfax Media over 10’s recent rebrand and its newly approved trade mark, 10 Boss.

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Optus wins appeal of trade mark deregistration
Intellectual Property 2018-06-26 11:00 pm By Cat Fredenburgh

Optus can hang on to its Optus trade mark for marketing and advertising services, after successfully challenging a ruling that the mark should be deregistered for non-use in those areas.

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