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Designer appeals loss after court finds bikini style name not a trade mark
Intellectual Property 2019-11-06 7:06 pm By Christine Caulfield

Women’s fashion designer Pinnacle Runway is challenging a ruling that found a rival’s use of the name ‘Delphine’ to describe a bikini style did not constitute trade mark infringement, but the challenge might cost more than the fight is worth, after a judge found the company had already spent “many times more in legal costs” then it could hope to recover.

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Encompass patents don’t pass muster with IP Australia, despite amendment
Intellectual Property 2019-11-04 5:51 pm By Cat Fredenburgh

IP Australia has found two Encompass innovation patents that were at the centre of a highly anticipated Full Federal Court ruling on the patentability of computer software do not describe a manner of manufacture, despite an amendment from the financial software company.

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Full Federal Court declines to clarify standard for patentability of computer-implemented inventions
Intellectual Property 2019-09-13 10:05 pm By Cat Fredenburgh

A five-judge panel of the Full Federal Court has found two innovation patents by financial software company Encompass Corp. are not a manner of manufacture, but held back on providing more clarity on the test for the patentability of computer-implemented inventions.

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‘We’re not in the realm of snake oil’: AFT appeals Maxigesic judgment
Competition & Consumer Protection 2019-08-13 9:02 pm By Miklos Bolza

AFT Pharmaceuticals has challenged a Federal Court decision that found its Maxisegic ads were misleading and deceptive, saying the judge “set the bar too high” by requiring it to prove there was an adequate scientific foundation for its painkiller representations.

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Copyright Tribunal overstepped with amended Foxtel licence, says Full Court
Intellectual Property 2019-06-11 3:08 pm By Miklos Bolza

The Copyright Tribunal erred by including rights in a reissued Foxtel licence agreement that fell outside the authority of the licence grant holder, the Phonographic Performance Company of Australia, the Full Federal Court has found.

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Judge slams Copyright Agency’s $32.5M interim request from universities as ‘absurd’ and ‘unfair’
Intellectual Property 2019-05-09 2:59 pm By Amelia Birnie

A group of 39 of Australia’s largest universities has managed to avoid paying its full $32.5 million annual fee to Copyright Agency Ltd, while a dispute over the terms of a licence remains unresolved.

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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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Reckitt using court to beat competitors, AFT tells judge in spat over Maxigesic ads
Competition & Consumer Protection 2019-03-27 3:26 pm By Miklos Bolza

AFT Pharmaceuticals has accused rival Reckitt Benckiser of using the court as a “clearance house” to beat its competitors, the latest development in a long-running dispute over AFT’s Maxigesic ads.

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Mylan must hand over authorised generic docs ahead of injunction hearing
Intellectual Property 2019-03-25 8:29 pm By Miklos Bolza

Pharmaceutical giant Mylan has been ordered to hand over documents relating to its proposed launch of a generic version of its cholesterol drug Lipidil to rival Sun Pharma in advance of a hearing on Mylan’s request for an order blocking Sun from launching its own generic version of the drug.

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Mylan wants injunctions against Sun Pharma, Cipla over generic cholesterol drug
Intellectual Property 2019-03-06 3:17 pm By Christine Caulfield

Mylan has renewed calls for a temporary injunction against Sun Pharma pending an appeal of a ruling invalidating its patents for Lipidil, and has sued a second generic drug maker, Cipla, over the cholesterol-lowering medication.

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