This was the question that the Full Court of the Federal Court of Australia was asked to consider in Seafood Innovations Pty Ltd v Richard Bass Pty Ltd [2011] FCAFC 83.
A recent decision of the Federal Court has emphasised the difficulty associated with seeking summary judgment in patent matters, where issues of invalidity are often complex and require expert evidence.
On Monday, the Prime Minister Julia Gillard, and her New Zealand counterpart John Key, announced that both countries had signed a statement of intent to create a joint authority to regulate medicines and medical devices in both countries.
In Carol Almond-Martin v Novo Nordisk Health Care AG [2011] APO 42, the latest section 223 extension of time decision, the Patent Office refused to grant an extension of time of one month because it was unable to identify any error or omission or circumstances beyond the control of the person concerned.
No it’s not an acrimonious custody dispute between parents – but the long-running battle between toy behemoth Mattel and rival MGA Entertainment over the successful Bratz fashion dolls has culminated in a decisive victory for MGA.
In an earlier post on the Whiteboard, we reported a proposal made at the Internet Corporation for Assigned Names and Numbers (ICANN, the body that operates the internet domain name system) called the New gTLD program, which would substantially expand the number of general Top-Level Domains (gTLDs) from the current 22, which includes such familiar domains as .com, .org and .net.
In what is seeming like the never ending fight over a dip tube patent, the Federal Court has handed another win to VIP Plastic Packaging in its long running dispute with BMW Plastics regarding a patent for a “variable-length dip tube for a fluid transfer container”.