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Latest patent ruling rejecting AI inventorship puts Federal Court in minority
Intellectual Property 2021-09-24 1:58 pm By Miklos Bolza

The Federal Court’s decision that artificial intelligence can be listed on a patent application as the inventor has become an outlier, as the UK joins the US in rejecting what has become an international battle to claim AI inventorship.

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Pharmacor challenges patent extension for Biogen’s MS drug
Intellectual Property 2021-09-23 2:14 pm By Bianca Hrovat

An Australian generic drug manufacturer has struck back at patent lawsuit by Swiss pharmaceutical company Biogen, alleging a patent for MS drug Tecfidera is invalid and a that a patent term extension for the drug  was wrongly granted.

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Canva gets more time to patent website invention after lawyer mess-up
Intellectual Property 2021-09-20 12:06 pm By Miklos Bolza

Graphics design platform Canva has been conditionally granted further time to apply to patent an invention for generating websites, after IP Australia found its US patent attorneys had made an “error or omission” by failing to track expiration dates for registering the patent.

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Puma launches appeal against Caterpillar trade mark decision
Intellectual Property 2021-09-15 11:17 pm By Bianca Hrovat

Sportswear brand Puma has launched an appeal against a Federal Court decision that found it’s ‘Procat’ trade mark was deceptively similar to US machinery manufacturer Caterpillar’s CAT marks.

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Cross-claims make new case an abuse of process, Isuzu tells court
Intellectual Property 2021-09-14 8:48 pm By Miklos Bolza

Truck company Isuzu has asked a court to shut down an $18 million lawsuit by Directed Electronics alleging copyright infringement, arguing that its own cross-claims –which substantially overlap with allegations in a 2017 case that went to trial — made it an abuse of process.

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Katy Perry wants to withdraw ‘wrong’ admission in trade mark spat with designer
Intellectual Property 2021-09-14 9:17 pm By Cindy Cameronne

US singer Katy Perry is seeking to withdraw an admission that licensing her trade mark to Target and Myer constituted use, saying it was plainly “wrong” after the Full Federal Court held an owner who authorised use of a mark was not liable for direct infringement.

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Merck Sharp & Dohme appeals judgment tossing Januvia patent extension
Intellectual Property 2021-09-10 6:04 pm By Miklos Bolza

Merck Sharp & Dohme is seeking to overturn a judgment refusing an extension of a patent covering its Januvia and Janumet diabetes drugs that would have seen the US drug maker of retaining a monopoly over the multibillion dollar medicines beyond July 2022.

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Allergan wins appeal in Botox trade mark battle
Intellectual Property 2021-09-08 5:19 pm By Miklos Bolza

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.

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Monster Energy takes PepsiCo to court over ‘Monster Munch’ trade mark
Intellectual Property 2021-09-07 11:48 am By Sam Matthews

Monster Energy has instituted court proceedings against PepsiCo after failing to block the beverage giant from registering the ‘Monster Munch’ trade mark for the iconic British kids corn snack in Australia.

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Judge to hear Hells Angels, Redbubble trial this year ‘come hell or high water’
Intellectual Property 2021-09-07 2:54 pm By Bianca Hrovat

A judge has lit a fire under the Hells Angels Motorcycle Corporation, giving the motorcycle club just one day to formally amend its trade mark infringement case against RedBubble and vowing to bring the case to trial by November 2, “come hell or high water”.

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