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BASF drops case against Sherwood Chemicals over termite control patent
Intellectual Property 2019-09-17 11:36 am By Cat Fredenburgh

BASF has dropped a lawsuit alleging Sherwood Chemicals infringed two of its patents for an underground termite control system.

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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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Sportsbet wants BetEasy trade marks removed for non-use
Intellectual Property 2019-09-12 5:45 pm By Cat Fredenburgh

Bookmaker Sportsbet has expanded its case over rival BetEasy’s attempts to operate under the ‘Sportingbet’ trade mark, arguing its marks should be revoked for non-use.

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Judge slams NRMA’s ‘intrusion’ on industrial jurisdiction with consumer suit
Competition & Consumer Protection 2019-09-12 1:58 pm By Amelia Birnie

A judge has thrown out the NRMAā€™s consumer case against the maritime union over its Sydney fast ferry campaign, ruling that a verdict in favour of the motoring body would have brought the ā€œthe entire field of industrial relations within the operation of consumer legislationā€.

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Otsuka changes tack in Abilify patent case after landmark Wyeth ruling
Intellectual Property 2019-09-11 8:49 pm By Miklos Bolza

Otsuka Pharmaceuticals and Bristol Myers-Squibb are seeking to withdraw admissions in patent litigation against Generic Health over anti-psychotic drug Abilify, following a landmark ruling last year against Wyeth that clarified the issue of compensation under the usual undertaking for damages in pharmaceutical patent cases.

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Aldi’s lack of booze rep dooms opposition to ‘Alby’ craft beer trade mark
Intellectual Property 2019-09-10 5:22 pm By Miklos Bolza

Aldi has failed in its attempt to block applications for three ‘Alby’ trade marks filed by a Western Australian craft brewery, thanks to the supermarket chain’s lack of reputation for selling beer in Australia.

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Hytera takes another shot at defending Motorola theft claims
Appeals 2019-09-09 2:11 pm By Cat Fredenburgh

Hytera will take another shot at winning court approval to amend its defence so it can blame Motorola for not alerting it to the alleged theft of the US telco’s source code by former employees sooner.

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Vittoria roasts Lavazza over ‘oro’ trade mark
Intellectual Property 2019-09-09 12:22 pm By Cat Fredenburgh

A simmering battle over the ‘oro’ trade mark has bubbled over, with Australian coffee giant Vittoria filing Federal Court proceedings alleging Italian competitor Lavazza has knowingly violated its trade mark for the Italian word gold.

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State Street can use evidence from Maurice Blackburn case in US suit against Fearless Girl artist
Intellectual Property 2019-09-06 11:45 pm By Christine Caulfield

State Street Global Advisors has been given the go-ahead to use evidence unearthed in its trade mark and copyright action against Maurice Blackburn over the iconic Fearless Girl statue as evidence in a related US lawsuit against the sculpture’s creator.

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Corner Hotel settles IP dispute with McDonald’s over hipster cafe
Intellectual Property 2019-09-04 1:40 pm By Cat Fredenburgh

A settlement has been reached in an intellectual property lawsuit brought by famed Melbourne pub The Corner Hotel against McDonald’s alleging the fast food chain’s experimental hipster cafe in Sydney violates its “Corner” trade marks.

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