PRACTICE AND PROCEDURE – application for orders for preservation of documents – where orders made referring the issue of the extent and nature of discovery for consideration at a conference by a registrar – where applicant alleges that system updates to computing software used by the respondent may compromise the discovery process – whether likely that documents will be lost or destroyed – whether preservation orders appropriate in the circumstances – held materials in support of application do not reveal a basis for concern that critical documents will be destroyed or lost – orders as sought by the applicant would circumvent the conference to be convened before the registrar – application dismissed
Related cases – asset preservation orders
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Zoetis Services LLC v Boehringer Ingelheim Animal Health USA Inc [2024] FCAFC 145
PATENTS – patents for supernatant vaccine against diseases affecting pigs PATENTS – validity – best method – where antigen concentrations of vaccine disclosed as a range – whether antigen concentrations material to the advantages claimed of the invention – consideration of Firebelt Pty Ltd v Brambles Australia Ltd [2000] FCA 1689; 51 IPR 531 –…
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Hugo Boss AG v Hardge [2024] FCA 1325
PRACTICE AND PROCEDURE – application for default judgment pursuant to r 5.23(2)(c) of the Federal Court Rules 2011 (Cth) – where substituted service orders made – where respondent in default of appearance – allegations of trade mark infringement, misleading and deceptive conduct and passing off – whether the applicant is entitled to relief – relief…
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Cytec Industries Inc. v Nalco Company (No 4) [2024] FCA 1318
PATENTS – application to amend patent application following determination of appeal under s 60(4) of the Patents Act 1990 (Cth) – whether proposed amendments allowable under s 102 of the Patents Act – application refused PATENTS – whether proposed amendments overcome deficiencies identified on appeal from opposition proceedings – lack of support – lack of…
