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Australian courts protect HARBOUR LIGHTS trade mark

On appeal to the full court of the Federal Court, Accor Australia and New Zealand Hospitality Pty Limited has succeeded in protecting the name of a residential apartment complex as a trade mark. That mark has been protected in relation to services dealing with the sale, leasing and letting of those apartments and holiday accommodation services.  

Amendments to a patent during court proceedings – how much transparency is required?

In Apotex Pty Ltd v ICOS Corporation [2017] FCA 466, the Federal Court has provided guidance regarding the level of disclosure required by a patentee in order for a court to exercise its discretion in allowing amendments to the specification during court proceedings.   Eli Lilly and Company (Lilly) is the holding company of ICOS

Bayer awarded indemnity costs against Generic Health in Yasmin patent litigation

Earlier this year Jagot J of the Federal Court of Australia ordered Generic Health to pay Bayer $25,437,966 in damages plus interest to compensate for lost revenue caused by generic product sales infringing its patent covering the oral contraceptive Yasmin (see our previous report at: This damages award exceeded the amount of $19,891,858 which Bayer offered to accept in

Another small victory for Australian Government in pursuit of damages for PBS “over-payments”

The Australian Government has had another small victory in the most recent interlocutory decision in the clopidogrel damages enquiry, which is likely to be the test case for its claims for reimbursement of PBS “over-payments” for the patentee’s listed pharmaceutical products during the period of an interlocutory injunction restraining generic entry (and consequent price drops),

On World IP Day let’s take a look back at a decision from colonial Australia

On World IP Day, we look back at an early patent infringement decision from colonial Australia to see just how much has – and just how much has not – changed in Australian patent litigation in the past 159 years. Click below to read the relatively short judgment delivered on 25 August 1858 by Therry

Excesses of innovation patent damages pulled back

In a significant decision, the Full Federal Court has overturned an earlier single judge Federal Court decision regarding the date from which infringement of an innovation patent can occur. One of the unusual implications of the earlier decision was that a divisional innovation patent could be infringed before it was published, or even filed. The

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