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Full Federal Court declines to clarify standard for patentability of computer-implemented inventions
Angus Lang 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
Arnold Bloch Leibler 2019-09-12 5:45 pm By Cat Fredenburgh Melbourne

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
Article 2019-09-12 1:58 pm By Amelia Birnie Sydney

A judge has thrown out the NRMA’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 “the entire field of industrial relations within the operation of consumer legislation”.

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

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
Food and Beverage 2019-09-10 5:22 pm By Miklos Bolza Sydney

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 Melbourne

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
Clayton Utz 2019-09-09 12:22 pm By Cat Fredenburgh Melbourne

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
Arnold Bloch Leibler 2019-09-06 11:45 pm By Christine Caulfield Melbourne

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
Article 2019-09-04 1:40 pm By Cat Fredenburgh Melbourne

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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Aristocrat goes head to head with IP Australia over patentability of slot machine
Australian Government Solicitor 2019-09-02 9:25 pm By Miklos Bolza Sydney

Gaming giant Aristocrat Technologies told a court that if its Lightning Link slot machine was a physical game there would be no doubt about its patentability, as trial kicked off Monday in another case that is pushing back on IP Australia’s stance on the patentability of computer-implemented inventions.

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