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Innovation patents: the end is nigh
Expert Insights 2021-08-23 4:29 pm By Editor

New standalone innovation patents will no longer be able to be filed after 25 August 2021. Patentees who wish to benefit from the innovation patent system must take steps to ensure that any complete application for an innovation patent or a standard complete application (from which they could divide out later) be filed on or before 25 August 2021, say James Lawrence and Dominique Blik of Mills Oakley.

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Cytec prevails again in challenge to Nalco mining patent
Energy & Natural Resources 2021-08-19 3:34 pm By Miklos Bolza

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.

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A2 Milk takes trade mark battle over Nestle’s NAN A2 to Federal Court
Intellectual Property 2021-08-19 1:42 pm By Christine Caulfield

New-Zealand dairy company a2 Milk is challenging a win for Nestle over the Swiss food and drink giant’s NAN A2 trade mark for infant formula, a mark IP Australia found was not deceptively similar to a2’s logo.

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Coca-Cola tastes victory in defence of artificial sweetener patent
Intellectual Property 2021-08-19 9:19 pm By Cindy Cameronne

Intellectual property law firm Spicer Spicer has lost its opposition to Coca-Cola’s patent application for soft drinks and syrups containing an artificial sweetener known as Reb X, with an IP Australia delegate rejecting the firm’s argument the patent was not inventive.

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CoreLogic infringed real estate photographer’s copyright, appeals court says
Real Estate 2021-08-19 1:50 pm By Miklos Bolza

Property data analytics firm CoreLogic infringed the copyright of a real estate photographer by uploading images from realestate.com.au to its own property data platform without a licence, the Full Federal Court has found.

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Menswear label yd. accused of ‘obvious’ infringement by rival brand Politix
Intellectual Property 2021-08-18 4:38 pm By Bianca Hrovat

Australian menswear label yd. has been sued for “blatant and obvious” copyright infringement for allegedly using a floral pattern produced by rival brand Politix on its shirts.

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Finish Powerball maker sues detergent rival for ‘deceptively similar’ packaging
Intellectual Property 2021-08-17 4:00 pm By Bianca Hrovat

The maker of Finish dishwashing products is seeking an urgent injunction to clear a competitor’s products from supermarket shelves, alleging trademark infringement over “deceptively similar” packaging depicting dishwasher gel caps.

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Court throws out Merck Sharp & Dohme’s Januvia patent extension
Intellectual Property 2021-08-12 2:29 pm By Miklos Bolza

The Federal Court has dealt US drug giant Merck Sharp & Dohme a devastating blow, overturning an “untenable” patent term extension which would have protected the monopoly of its multibillion-dollar Januvia and Janumet diabetes drugs beyond July 2o22.

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Aristocrat judge got it right in patent analysis for computer-implemented inventions, Full Court told
Intellectual Property 2021-08-11 9:32 pm By Christine Caulfield

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.

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Biogen sues Pharmacor over patent for MS drug Tecfidera
Intellectual Property 2021-08-10 5:02 pm By Miklos Bolza

Swiss pharmaceutical company Biogen has filed another lawsuit accusing an Australian generic drug manufacturer of infringing the patent for its blockbuster multiple sclerosis drug Tecfidera.

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