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Novartis AG v Pharmacor PL [2025] FCAFC 33
PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients – claim construction – whether primary judge erred in construction of claim as not including a pharmaceutical composition where the active pharmaceutical ingredient is in the form of a complex in which the ions are associated by non-covalent bonds –…
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Hampden Holdings I.P. Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452
COPYRIGHT – artistic works – designs on packaging of children’s food products – where the applicants claimed that the respondent had infringed copyright by selling products in packaging that reproduced a substantial part of the applicants’ works – whether the applicants owned the copyright in the relevant works – whether the respondent’s designs reproduced…
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Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCAFC 156
TRADE MARKS — s 62(b) of the Trade Marks Act 1995 (Cth) – where an Examiner considered that a trade mark under examination was not inherently adapted to distinguish in respect of a certain class, and sought evidence or representations as to the trade mark applicant’s prior use of the mark – where the representations…
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![Killer Queen, LLC v Taylor [2024] FCAFC 149](https://www.dundaslawyers.com.au/wp-content/smush-webp/xtrademark-infringement-scaled-1.png.webp.pagespeed.ic.KJj3CD7y4a.webp)
Killer Queen, LLC v Taylor [2024] FCAFC 149
TRADE MARKS – infringement of registered trade mark established – where registered trade mark is a name – joint tortfeasance – principles discussed TRADE MARKS – specification of registered goods – meaning of “clothes” – role of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of…
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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…
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Novartis AG v Pharmacor Pty Limited (No 3) [2024] FCA 1307
PATENTS – infringement – standard patent for a pharmaceutical composition containing certain active pharmaceutical ingredients (APIs) – claim construction – whether claim covers a pharmaceutical composition where the API is in the form of a complex in which the ions are associated by non-covalent bonds PATENTS – identity of the person skilled in the art…
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The Practice Pty Ltd v The Practice Business Advisers & Tax Practitioners Pty Ltd [2024] FCA 1299
TRADE MARKS – infringement claim pursuant to s 120 of the Trade Marks Act 1995 (Cth) (the Act) – whether the respondent used the plain word mark THE PRACTICE as a trade mark – whether the respondent’s marks are substantially identical with, or deceptively similar to, the applicant’s mark – defence under s 122(1)(b)(i)…
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