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a2 Milk urges court to register ‘slightly mysterious’ trade marks
Intellectual Property 2021-07-27 5:00 pm By Miklos Bolza

The a2 Milk Company has urged the Federal Court to allow its ‘a2 Milk’ and ‘True a2’ trade marks to be registered, arguing they’re not merely descriptive of a protein in milk.

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Caffitaly wins reversal of invalidity ruling on coffee pod patent
Intellectual Property 2021-07-01 12:52 pm By Miklos Bolza

Coffee capsule machine manufacturer Caffitaly has saved one of its coffee pod patents from a finding of invalidity, in a partially successful appeal of a ruling that stripped three of its patents from the Australian register.

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Full Court upholds Sequenom’s win in patent battle over prenatal genetic tests
Intellectual Property 2021-06-21 6:34 pm By Miklos Bolza

The Full Federal Court has upheld US biotech company Sequenom’s  patent for a noninvasive prenatal genetic test, rejecting rival Ariosa Diagnostic’s argument that the patent merely described a way to extract incorporeal genetic information.

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Silk on cutting-edge IP cases elevated to Federal Court
Courts 2021-06-10 10:18 pm By Cat Fredenburgh

A top intellectual property barrister who has worked on cutting-edge cases that raise novel questions about the patentability of inventions has been appointed to the Federal Court.

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Peloton’s US$420M acquisition of Precor violated ‘spinning’ licence, court told
Intellectual Property 2021-05-19 1:28 pm By Cat Fredenburgh

California-based fitness company Mad Dogg has accused Peloton Interactive of inducing breach of a non-compete through its $US420 million acquisition of commercial gym equipment manufacturer Precor, and has asked a court to block the company from using its ‘spinning’ trade marks in relation to its interactive exercise bikes.

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Sizzler, Burger Urge lay down steak knives in trade mark battle
Intellectual Property 2021-04-08 3:16 pm By Christine Caulfield

Buffet dining pioneer Sizzler, which closed its last Australian restaurants in November, has settled a trade mark dispute with Brisbane-based chain Burger Urge over a chicken burger known as “the Sizzle”.

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Full Court hears government’s $325M fight with Sanofi over ban on Plavix generic
Intellectual Property 2021-02-16 4:13 pm By Miklos Bolza

Pharmaceutical companies Sanofi and Bristol-Myers Squibb are liable for losses to the federal government for excess subsidies it allegedly paid for the blood-thinner Plavix after an unjustified court injunction prevented the release of a generic version of the top-selling drug, an appeals court has heard.

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Judge puts sandwiches back on the menu in Sizzler trade mark spat
Intellectual Property 2021-02-10 11:07 am By Miklos Bolza

A judge has ordered buffet restaurant pioneer Sizzler to amend its pleadings in a trade mark stoush with Brisbane-based restaurant Burger Urge to bring them in line with a summary judgment application that includes sandwiches among the classes of allegedly infringed goods.

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‘Sydney’s most controversial burger restaurant’ loses appeal in trade mark beef with In-N-Out
Intellectual Property 2021-01-14 1:46 pm By Spencer Fowler Steen

The Full Federal Court has upheld an appeal by In-N-Out Burgers against Sydney-based Hashtag Burgers, finding that its two sole directors were also liable for trademark infringement and passing off in owning and operating their ‘DOWN-N-OUT’ burger restaurants.

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Judge allows Neurim to seek additional damages in patent suit over insomnia drug
Intellectual Property 2020-12-14 3:18 pm By Miklos Bolza

Neurim Pharmaceuticals can seek limited additional damages in a patent infringement case relating to its insomnia drug Circadin, after a judge granted a mid-trial bid to amend its pleadings against Generic Partners and Apotex.

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