March 2016

March 31, 2016 1:57 PM | Posted by Amy Surkis | Permalink
Servier was successful in yesterday's hearing of its stay application.  As a result, the orders which revoked Servier's patent and discharged the interlocutory injunction were stayed pending determination of Servier's special leave application (or the High Court appeal, if special leave is granted). read more
March 29, 2016 9:21 AM | Posted by George McCubbin | Permalink
On 2 March 2016, Jagot J handed down her decision in Gilead Sciences Pty Ltd v Idenix Pharmaceuticals LLC [2016] FCA 169. The case concerns the small molecule sofosbuvir, a treatment for the Hepatitis C virus. To guide you through her Honour's 200+ page decision, we have prepared the following summary of the key issues considered, focusing on Gilead's successful grounds of invalidity. read more
March 18, 2016 4:08 PM | Posted by Alexander Horton | Permalink
The UK Court of Appeal recently handed down a further decision in the long-running trade mark and passing off dispute between Comic Enterprises Ltd and Twentieth Century Fox Film Corporation. The proceedings concern the right of Fox to use the word 'glee' as the name for its immensely popular TV series. read more
March 18, 2016 11:09 AM | Posted by Amy Surkis | Permalink
In a unanimous Full Federal Court decision, Justices Bennett, Besanko and Beach upheld the trial judge's finding that Servier's patent for the multi-million dollar drug perindopril arginine was invalid. Servier has now applied for special leave to the High Court to appeal the Full Court's decision. read more
March 16, 2016 2:32 PM | Posted by Rebecca Dutkowski | Permalink
In a recent opposition filed with the USPTO, Kylie Minogue opposed a trade mark application for "KYLIE" filed by Kylie Jenner. Ms Minogue claimed that her earlier rights and use of KYLIE would likely give rise to confusion, mistake or deception and also that any use of KYLIE by Ms Jenner would dilute Ms Minogue's brand by either blurring or tarnishment. read more
March 8, 2016 10:37 AM | Posted by Brad Woods | Permalink
The NSW Legislative Council Standing Committee on Law and Justice released its Final Report into 'Remedies for the Serious Invasions of Privacy in New South Wales' on 3 March 2016. read more
March 8, 2016 10:26 AM | Posted by James Patto, Paul Kallenbach, Veronica Scott | Permalink
Welcome to the second instalment of the 'When IT hurts, it hurts' series on cyber attack loss. Coinciding with the release of MinterEllison's cyber survey report, Perspectives on Cyber Risk (the Report), this series focuses on key areas of loss that an organisation may suffer as a result of a cyber attack, and key strategies to mitigate that loss. read more
March 2, 2016 12:26 PM | Posted by Hugh Bastiaan, Glen Ward, Paul Kallenbach | Permalink
Heralded as 'an epic fight pitting privacy against national security', the recent case between Apple and the FBI in the United States has seen a litany of debate, both legal and political. read more