In a recent decision, the Full Federal Court confirmed that a trade mark owner who merely authorises use of its trade mark cannot be subject to liability for direct trade mark infringement under section 120(1) of the Trade Marks Act, writes Shelston IP’s Kathy Mytton and Sean McManis.
US-based chemical and materials technology company Cytec Industries has won its Federal Court challenge to a mining patent application by a unit of Ecolab, with the court finding the claims in the patent lacked support and sufficient disclosure.
The right approach to determining patentability of a computer-implemented invention is to first assess whether it is more than a mere scheme or business method, the Full Federal Court has been told in an appeal of a ruling backing IP Australia’s revocation of two patents by plumbing company Repipe.
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.
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.
AMA Group has told a court it will enter early mediation in its lawsuit against former CEO Andrew Hopkins that alleges he owes $2.4 million in unauthorised expenses and repayments on an outstanding loan.
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.
A judge has thrown out trade mark infringement claims brought by AGL against Greenpeace for using the energy company’s logo in a public campaign labelling it “Australia’s biggest climate polluter”.
AGL Energy has dragged Greenpeace Australia Pacific to court for using its logo in a campaign that labelled the company “Australia’s biggest climate polluter” and accused it of “significant environmental breaches”.
A 73-year old Australian man has filed a constitutional challenge to the Morrison government’s decision to ban travel from India amid a devastating surge in coronavirus cases in the country.