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Judge won’t stay Australian Mud Company’s bid for $40M in damages for drilling patent infringement
Intellectual Property 2022-04-29 5:48 pm By Cindy Cameronne

Mining tool company Globaltech has lost its bid to delay Australian Mud Company’s case, on foot since 2016, which seeks $39.9 million in damages for its rival’s infringement of a mining tool patent.

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Mother drink maker wins stay of trade mark loss, but must swallow costs
Intellectual Property 2022-04-26 2:53 pm By Sam Matthews

The maker of Mother brand energy drinks has won a stay of a judge’s decision to remove one of its trade marks for non-use, but has been hit with indemnity costs in its ongoing intellectual property stoush with rival Cantarella Bros.

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High Court to hear CoreLogic appeal over copyright for real estate pics
Intellectual Property 2022-04-20 11:31 pm By Cat Fredenburgh

The High Court has agreed to weigh in on whether property data analytics firm CoreLogic infringed a real estate photographer’s copyright by uploading images from realestate.com.au to its platform.

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Trendy neoprene handbag not entitled to copyright protection, Full Court finds
Intellectual Property 2022-04-20 6:08 pm By Sam Matthews

An Australian designer of a trendy neoprene handbag sold at high-end department stores has lost an appeal which challenged a judge’s finding that its flagship bag was not a work of artistic craftsmanship.

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Mills Oakley hires Monde Legal founder for IP team
Business of Law 2022-04-19 3:28 pm By Sam Matthews

Mills Oakley has bolstered its intellectual property practice with the appointment of new partner Lisa Egan, who will be based in the firm’s Melbourne office.

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Judge erred in finding AI can be patent inventor, Full Court says
Intellectual Property 2022-04-14 3:39 pm By Miklos Bolza

The Full Court has overturned a landmark judgment which found artificial intelligence can be named as an inventor on patent applications, in a decision which brings Australia in line with findings from courts in the UK, US and EU.

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Maurice Blackburn prevails in State Street appeal over Fearless Girl
Appeals 2022-04-11 4:11 pm By Miklos Bolza

Maurice Blackburn has successfully defeated an appeal of a judgment that found the law firm did not breach the intellectual property rights of US financial services giant State Street Global Advisors by displaying a replica of the world renowned Fearless Girl statue in Melbourne.

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Anatomy of a bunny: Kmart defends plush rabbit in Jellycat’s knockoff suit
Intellectual Property 2022-04-11 3:11 pm By Sam Matthews

Kmart Australia and toy manufacturer Headstart International have hit back at Jellycat in a suit claiming they are selling ‘Bashful Bunny’ knockoffs, arguing the shape and features of the popular plush rabbit are not exclusive to the London-based soft toy designer.

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Novartis can’t appeal loss of experts in MS drug patent feud with Pharmacor
Intellectual Property 2022-04-07 12:29 pm By Christine Caulfield

The Full Federal Court won’t give Swiss pharmaceuticals giant Novartis the chance to appeal a ruling that threw out three of its four experts in a patent case against generic drug maker Pharmacor.

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Securing ACCC nod for patent settlement with rivals no easy task, first draft decision shows
Intellectual Property 2022-03-31 1:42 pm By Editor

The competition regulator has proposed to deny authorisation for a patent settlement that sought to permit early entry of generic drugs. Whether the companies involved will be able to quell the ACCC’s concerns remains to be seen, but what is clear is that future authorisation applications will contend with significant forensic challenges, writes Corrs Chambers Westgarth’s Odette Gourley, Richard Flitcroft, David Fixler and Ian Reynolds.

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