Generic drug maker Juno Pharmaceuticals and US-based Millennium Pharmaceuticals have reached an in-principle settlement in their trans-Pacific dispute over two patents covering breakthrough anti-cancer medication Velcade.
Imposing an injunction in general form against a patent infringer is not an undue burden in and of itself, the Full Federal Court has ruled in siding with printer giant Seiko Epson in its ongoing intellectual property fight with cartridge reseller Calidad.
The admissibility of print-outs from the “Wayback Machine – Internet Archive” website is increasingly being considered by the Federal Court of Australia. The decision of Justice Burley in Dyno Nobel Inc v Orica Explosives Technology Pty Ltd on September 17 provides clear insight to the court’s approach to Wayback evidence and the circumstances in which it might be admissible, writes Bird & Bird’s Lynne Lewis and Angelica Sorn.
Explosives maker Dyno Nobel has reached a mid-trial settlement in its case against its major rival, Orica, over a patent for a method for blasting rock at open cut mines.
Dairy giant Fonterra has lost its bid to stop Vitasoy from registering its slogan ‘Growing Milk Since 1940’ as a trade mark, after unsuccessfully arguing that consumers would be misled by the lack of animal milk in Vitasoy’s soy and almond milk products.
US prenatal genetic test maker Ariosa Diagnostics has won its bid to appeal a ruling that its Harmony test infringed a patent owned by rival Sequenom.
A judge has overturned a win for Bendigo and Adelaide Bank in a trade mark battle with NSW-based Community First Credit Union, finding the credit union had successfully argued to revoke the bank’s 20-year-old trade mark for ‘Community Bank’.
The ACCC has issued final guidelines on how Australia’s competition laws will apply to intellectual property assignments and licences following the repeal of the ‘IP exemption’ from prohibitions on anti-competitive conduct which was contained in subsection 51(3) of the Competition and Consumer Act. As of September 13 the IP exemption no longer applies, however, certain worked examples remain undeveloped or unrealistic, such that uncertainties remain as to the ACCC’s likely approach in particular matters, writes Patrick Gay and Amalia Stone of Herbert Smith Freehills.
Pharmaceutical company Generic Health has told the Federal Court that, on advice from their solicitors, Otsuka and Bristol-Myers Squibb “deliberately” chose not to disclose their reasons for an admission in a long-running patent case over the anti-psychotic drug Abilify, which they are now seeking to withdraw.
BASF has dropped a lawsuit alleging Sherwood Chemicals infringed two of its patents for an underground termite control system.