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Bayer v Generic Health: A yardstick for pharmaceutical patent infringement damages

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sarah-Jane Frydman and James Ellsmore KING & WOOD MALLESONS
Volume: 30
Year: 2017

Introduction Bayer has been awarded more than $25 million, plus interest and indemnity costs, in what is the first Federal Court award of damages for pharmaceutical patent infringement. 1 The decision is likely to provide some direction for resolving future claims for damages for the infringement of pharmaceutical patents. The ...

Federal Court, Full Federal Court confirm the act applying for PBS listing is not of itself an “offer to supply” amounting to infringement of a patent

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland and Scott Sloan DIBBSBARKER
Volume: 30
Year: 2017

Introduction A recent decision of the Federal Court of Australia, upheld by the Full Federal Court on appeal, has established that an application under the National Health Act 1953 (Cth) (NHA) to list therapeutic goods on the Pharmaceutical Benefits Scheme (PBS), where those goods are the subject of a patent, does ...

Just Group Ltd v Nicole Peck

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Glenn McGowan QC GADENS
Volume: 30
Year: 2017

Take away tips Restraint of trade contracts with employees, to maximise their chances of being enforced, should preferably be drafted: • in respect of a clearly reasonable area (optionally with cascading areas) • in respect of a clearly reasonable period (optionally with cascading periods) • in respect of only obligations ...

Registered designs in Australia and New Zealand

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Anton Blijlevens AJ PARK
Volume: 30
Year: 2017

Registered designs to protect a product shape can be a cost-effective and valuable form of intellectual property (IP). Registered designs are often very quick to be approved compared to other forms of IP. This provides the owner with enforceable rights well before many other forms of IP rights are granted ...

The Unitary Patent and the Unified Patent Court: what you need to know about patent law changes in Europe

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Serena White SHELSTON IP
Volume: 30
Year: 2017

Key points • Existing European patents and pending applications will both be affected by the new legislation. • It will be possible to request unitary patent protection in respect of European patents which grant after the new legislation comes into force. However, a unitary patent will not cover all contracting ...

Tolkien Estate Ltd v Saltalamacchia

Thu, 11/23/2017 - 23:00
Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lisa Archbold SHARON GIVONI CONSULTING
Volume: 30
Year: 2017

Introduction I wish the Ring had never come to me. I wish none of this had happened.          — JRR Tolkien, The Lord of the Rings These words may ring true not only to Frodo from The Lord of the Rings , but also to Alexander Thomas Saltalamacchia, the respondent in ...

Bayer v Generic Health: A yardstick for pharmaceutical patent infringement damages

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sarah-Jane Frydman and James Ellsmore KING & WOOD MALLESONS
Volume: 30
Year: 2017

Introduction Bayer has been awarded more than $25 million, plus interest and indemnity costs, in what is the first Federal Court award of damages for pharmaceutical patent infringement. 1 The decision is likely to provide some direction for resolving future claims for damages for the infringement of pharmaceutical patents. The ...

Federal Court, Full Federal Court confirm the act applying for PBS listing is not of itself an “offer to supply” amounting to infringement of a patent

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland and Scott Sloan DIBBSBARKER
Volume: 30
Year: 2017

Introduction A recent decision of the Federal Court of Australia, upheld by the Full Federal Court on appeal, has established that an application under the National Health Act 1953 (Cth) (NHA) to list therapeutic goods on the Pharmaceutical Benefits Scheme (PBS), where those goods are the subject of a patent, does ...

Just Group Ltd v Nicole Peck

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Glenn McGowan QC GADENS
Volume: 30
Year: 2017

Take away tips Restraint of trade contracts with employees, to maximise their chances of being enforced, should preferably be drafted: • in respect of a clearly reasonable area (optionally with cascading areas) • in respect of a clearly reasonable period (optionally with cascading periods) • in respect of only obligations ...

Registered designs in Australia and New Zealand

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Anton Blijlevens AJ PARK
Volume: 30
Year: 2017

Registered designs to protect a product shape can be a cost-effective and valuable form of intellectual property (IP). Registered designs are often very quick to be approved compared to other forms of IP. This provides the owner with enforceable rights well before many other forms of IP rights are granted ...

The Unitary Patent and the Unified Patent Court: what you need to know about patent law changes in Europe

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Serena White SHELSTON IP
Volume: 30
Year: 2017

Key points • Existing European patents and pending applications will both be affected by the new legislation. • It will be possible to request unitary patent protection in respect of European patents which grant after the new legislation comes into force. However, a unitary patent will not cover all contracting ...

Tolkien Estate Ltd v Saltalamacchia

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lisa Archbold SHARON GIVONI CONSULTING
Volume: 30
Year: 2017

Introduction I wish the Ring had never come to me. I wish none of this had happened.          — JRR Tolkien, The Lord of the Rings These words may ring true not only to Frodo from The Lord of the Rings , but also to Alexander Thomas Saltalamacchia, the respondent in ...

Bayer v Generic Health: A yardstick for pharmaceutical patent infringement damages

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Sarah-Jane Frydman and James Ellsmore KING & WOOD MALLESONS
Volume: 30
Year: 2017

Introduction Bayer has been awarded more than $25 million, plus interest and indemnity costs, in what is the first Federal Court award of damages for pharmaceutical patent infringement. 1 The decision is likely to provide some direction for resolving future claims for damages for the infringement of pharmaceutical patents. The ...

Federal Court, Full Federal Court confirm the act applying for PBS listing is not of itself an “offer to supply” amounting to infringement of a patent

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lucy Hartland and Scott Sloan DIBBSBARKER
Volume: 30
Year: 2017

Introduction A recent decision of the Federal Court of Australia, upheld by the Full Federal Court on appeal, has established that an application under the National Health Act 1953 (Cth) (NHA) to list therapeutic goods on the Pharmaceutical Benefits Scheme (PBS), where those goods are the subject of a patent, does ...

Just Group Ltd v Nicole Peck

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Glenn McGowan QC GADENS
Volume: 30
Year: 2017

Take away tips Restraint of trade contracts with employees, to maximise their chances of being enforced, should preferably be drafted: • in respect of a clearly reasonable area (optionally with cascading areas) • in respect of a clearly reasonable period (optionally with cascading periods) • in respect of only obligations ...

Registered designs in Australia and New Zealand

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Anton Blijlevens AJ PARK
Volume: 30
Year: 2017

Registered designs to protect a product shape can be a cost-effective and valuable form of intellectual property (IP). Registered designs are often very quick to be approved compared to other forms of IP. This provides the owner with enforceable rights well before many other forms of IP rights are granted ...

The Unitary Patent and the Unified Patent Court: what you need to know about patent law changes in Europe

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Serena White SHELSTON IP
Volume: 30
Year: 2017

Key points • Existing European patents and pending applications will both be affected by the new legislation. • It will be possible to request unitary patent protection in respect of European patents which grant after the new legislation comes into force. However, a unitary patent will not cover all contracting ...

Tolkien Estate Ltd v Saltalamacchia

Thu, 11/23/2017 - 23:00
Lexis Advance | LexisNexis AU

Journal/Newsletter: Australian Intellectual Property Law Bulletin (newsletter)
Author: Lisa Archbold SHARON GIVONI CONSULTING
Volume: 30
Year: 2017

Introduction I wish the Ring had never come to me. I wish none of this had happened.          — JRR Tolkien, The Lord of the Rings These words may ring true not only to Frodo from The Lord of the Rings , but also to Alexander Thomas Saltalamacchia, the respondent in ...