Foreword
We hope you enjoy the fourth and final edition of IP Update for 2010. This edition contains ten case studies and a further two practice updates to keep you up-to-date with the latest developments in the Australian IP landscape. As a reflection of the economic environment continuing to grow and improve, the firm has appointed three new staff and our Brisbane Office moved to larger premises. We are also very proud to announce that Victor Argaet a partner in the Office, was recently appointed as an Adjunct Associate Professor at the University of Queensland. We also take this opportunity to thank our clients who participated in the Asia IP Awards survey. The firm was delighted to be recognised as a winner at the Asia IP awards evening recently.
On behalf of the partners and staff of Davies Collison Cave we wish you a joyful festive season.
In this issue
Case studies
- New generic top level domains
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Smoke detector bypass fails the validity test
Aspirating IP Limited v Vision Systems Limited [2010] FCA 1061 -
Extending the patent term for drug delivery systems: muddying the waters of the meaning of “pharmaceutical substance”
LTS Lohmann Therapie Systeme AG and Schwarz Pharma Limited [2010] AATA 809 -
Parallel imports can infringe a registered Australian trade mark
Sporte Leisure Pty Ltd v Pauls Warehouse International Pty Ltd (No. 3) [2010] FCA 1162 -
Inevitable result required to demonstrate inherent anticipation
Abbott GMBH & Co. KG v Apotex Pty Ltd (No 2) [2010] FCA 940 -
Razer exploits patent, but is restrained by law
Law v Razer Industries Pty Limited [2010] FCA 1058 -
Australian grace period provisions – not so graceful
Mack Innovations (Australia) Pty Limited v Rotorco Pty Limited [2010] QSC 138 -
Patent infringement: Improver question of ‘material variation’ unnecessary and unhelpful
Australian Mud Company Pty Ltd v Coretell Pty Ltd [2010] FCA 1169 -
Business method patents in Australia
Invention Pathways Pty Ltd [2010] APO 10 -
Copy this headline: the Federal Court ushers newspapers into the IceTV age
Fairfax Media Publications Pty Ltd v Reed International Books Australia Pty Ltd [2010] FCA 984