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The Copyright Amendment (Online Infringement) Bill 2015, introduced into parliament by Communications Minister Malcolm Turnbull in March 2015 to curb online piracy of film and TV shows, passed with the Coalition and Labor’s support 37-13. The law amends the Copyright Act and allows content owners to apply to the Federal Court for an injunction blocking an “online location outside Australia” which
On 12 June 2015, the United States Court of Appeal for the Federal Circuit affirmed the Northern District of California’s finding that method claims for detecting cell-free fetal DNA (“cffDNA”) in maternal plasma or serum were invalid because they were not directed to patent eligible subject matter (Ariosa Diagnostics Inc v Sequenom Inc No 2014-1139,
In a first for Australia, a copyright owner has been successful in forcing an internet service provider (ISP) to hand over the contact details of internet account holders of about 4,700 IP addresses that have been identified as having been used to download pirate versions of the movie Dallas Buyers Club. In Dallas Buyers Club LLC v iiNet Limited  FCA 317,
Shelston IP has become aware of a recent increase in the number of unscrupulous companies offering unsolicited IP services. We urge our clients to treat any unexpected correspondence about their intellectual property with caution. Such correspondence typically appears in the form of a professional looking “invoice”, with a request for payment regarding the “publication”
The value and power of registered design protection has been confirmed by the United States Federal Circuit Court of Appeal in its decision of 18 May 2015, upholding an earlier decision, that certain of Samsung’s smartphones infringed Apple’s patented designs directed to its iPhone. This decision highlights the value of securing registered design rights
The Australian courts have recently clarified what acts will constitute novelty destroying prior art. In Australia, patents are normally invalid where the idea was publicly used or known before the priority date of the application. This normally means a novelty-destroying act occurs when at least one member of the public is free to make use of the information obtained from the act. In Damorgold