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Rokt judgment could provide clarity on software patentability
The court will issue a judgment Wednesday in one of two closely watched cases awaiting judgment that may move the dial on the patentability of computer software.
Commonwealth slams Otsuka’s ‘inconsistent’ defences in Abilify patent case
The Commonwealth has urged the court to strike out the "inconsistent" pleadings of pharmaceutical firms Otsuka and Bristol-Myers Squibb in a patent case over the antipsychotic drug Abilify, calling them a "scandal" which could bring disrepute to the administration of justice.
D’Aquino Bros says it can prove its Scotch Whisky is the real deal
Defending against a fourth trade mark infringement lawsuit by the UK's Scotch Whisky Association, Australian liquor retailer D'Aquino Bros has told a court all of its Scotch Whisky was distilled in Scotland, and it has the paperwork to prove it.
Ramsay Health Care’s Nuramel trade mark beats off challenge
Ramsay Health Care has defeated a challenge to its Nuramel trade mark for a brand of infant formula, with IP Australia saying while the mark was an exact anagram of Biofarma's Munarel, it wasn't deceptively similar.
B. Braun launches appeal in IV catheter patent case
Medical device maker B. Braun Melsungen is appealing a ruling that invalidated its intravenous catheter patents and dismissed allegations of infringement against rival Becton Dickinson.
Trade mark reputation not a factor in deceptively similar cases: Full Court
A judge applied the "wrong test" when he considered the reputation of a trade mark in an infringement case alleging the marks of rival meat processors were deceptively similar, a Full Federal Court has found.
Wyeth slams Merck Sharp & Dohme’s ‘baseless’ invalidity claim in vaccine trial
Pharmaceutical giant Wyeth has accused Merck Sharp & Dohme of a "baseless" patent invalidity case, saying on the second day of trial over the world's best selling vaccine that the development of its patented Prevnar 13 pneumococcal shot was anything but obvious, as its rival contends.
Merck Sharp & Dohme attacks Wyeth’s ‘broad’ patent claims for Prevnar 13 vaccine
A showdown between global pharmaceutical giants over the world's best selling vaccine began Monday in Federal Court, with Merck Sharp & Dohme claiming three patents for Prevnar 13 sold by Pfizer's Wyeth are invalid and that its own vaccine offers greater protection against pneumococcal bacteria.
Judge blocks Domain redirect in REA trade mark battle
Real estate advertiser REA Group has won an emergency injunction against Domain that blocks its rival from authorising the owner of the US website realestate.com to redirect Australian traffic to Domain.
IP exemptions to competition laws to be removed
IP owners need to consider the key or core licensing arrangements over the next six months and consider the competition law implications of conditions/restrictions in these licences, say Ayman Guirguis and David Howarth of K&L Gates.