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Allergan wins appeal in Botox trade mark battle
Botox maker Allergan has successfully challenged a Federal Court judgment dismissing its trade mark lawsuit against an Australian company selling topical creams as an alternative to Botox injections.
Aristocrat judge got it right in patent analysis for computer-implemented inventions, Full Court told
The right approach to determining patentability of a computer-implemented invention is to first assess whether it is more than a mere scheme or business method, the Full Federal Court has been told in an appeal of a ruling backing IP Australia's revocation of two patents by plumbing company Repipe.
Caffitaly wins reversal of invalidity ruling on coffee pod patent
Coffee capsule machine manufacturer Caffitaly has saved one of its coffee pod patents from a finding of invalidity, in a partially successful appeal of a ruling that stripped three of its patents from the Australian register.
Judge tosses Caltex trade mark case, says Chevron does not own colour red
Chevron has mostly failed in its lawsuit accusing Australian petrol station company Ampol of infringing its Caltex trade marks, with a judge finding that Chevron's case sought exclusive use over the colour red and was "at odds with commercial sense".
Judge warns ‘enough’s enough’ in fight for damages over delayed Abilify generic
A judge has given Generic Health more time to file its evidence in a multimillion-dollar dispute with drug makers Otsuka and Bristol-Myers Squibbs over the delayed launch of generic versions of their antipsychotic drug Abilify, but warned there had to be a cut-off point for preparing the decade-long dispute for trial.
Otzuka, Bristol-Myers lose discovery bid in decade-old fight over Abilify
The companies behind the top selling Abilify medication have lost their latest bid for documents from the Commonwealth in a multimillion dollar dispute over the delayed listing of generic versions of their drug, with a judge saying the material could be only "of the most marginal relevance".
Ampol hits back at Chevron in trade mark trial over Caltex brand
Petrol station operator Ampol has denied accusations by US oil giant Chevron that it is misusing Caltex branding on 175 of its service stations, on the first day of a trial that could see the presiding judge take a road trip to view the alleged offending signage firsthand.
High Court to weigh in on $26.3M Lexapro patent judgment
The High Court will decide whether the Full Court was wrong to overturn a $26.3 million judgment for Danish drug maker H Lundbeck in its long-running patent battle with generic drug maker Sandoz over the patent for blockbuster antidepressant Lexapro.
Monster Energy challenges loss of ‘Motherland’ trade mark
Monster Energy, which makes Mother brand energy drinks, has appealed a ruling from IP Australia that granted rival caffeinated beverage maker Vittoria Food & Beverage's application for the removal of Monster's 'Motherland' trade mark for non-use.
Allergan appeals loss in Botox trade mark dispute
Botox maker Allergan has appealed a court judgment tossing most of trade mark case against an Australian cosmetics company that sells topical creams as Botox alternatives.