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Indirect patent infringement – lessons from Quaker Chemical
Company found to have indirectly infringed two patents by supplying product to customers. Suppliers must be aware of customer use to avoid patent infringement.
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Aristocrat wins big in Federal Court ruling
In the Federal Court’s decision of Aristocrat Technologies Australia Pty Limited v Commissioner of Patents [2020] FCA 778, the Court found that a claim for an electronic gaming machine with a combination of physical parts and computer software for gameplay did constitute patentable subject matter.
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Patent granted for software tracking user actions
A decision by Australian Patent Office provides insight into patentable subject matter for computer-implemented inventions. Case of Facebook, Inc. [2020] APO 19 is a successful example of technical improvement in computer-implemented method, resulting in patentability even with generic computer implementation.
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Website blocking orders – what has to be proven?
This article provides an overview of the requirements for companies wishing to offer equity-based crowd-sourced funding in Australia. It covers the types of companies eligible, the type of securities allowed, and the issuer cap.
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Top 11 legal tips for selling a technology business
These tips include asset sale or share sale, intellectual property ownership, legal and accounting due diligence, change of control issues, restraint of trade clauses, key personnel, and more.
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s115A Copyright Act – infringement outside Australia
This article examines the concept of shareholder oppression and provides examples of when the Court has found oppressive conduct, as well as when it has not. It also outlines the remedies the Court prefers when faced with oppressive conduct.
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Do meta tags amount to trade mark infringement?
Find out how the case of Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 highlights the potential risk of trademark infringements to businesses. Read more to discover the case background, takeaways, and tips to protect your business.
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Assigning intellectual property and the right to sue
This case examines Re Taypar Pty Ltd v Benko Santic [1989] FCA 543, which determined that an assignee of intellectual property rights cannot sue for pre-assignment infringements, unless the assignment explicitly assigns a right to do so.
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Evidence from the Wayback Machine accepted
Australian Courts are increasingly considering the use of evidence from the Wayback Machine, but questions remain as to whether they will accept such reports in practice and what will be allowed?
IP litigation and disputes
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