Jacob Flynn, Author at Mallesons Pulse Blog

When a letter becomes a liability: unjustified threats of IP infringement

30 June 2026

By Kate Hay, Jacob Flynn, Bianca Terlato

The recent decision of the Full Federal Court in Comino v Watson Webb Pty Ltd [2026] FCAFC 66 is a helpful reminder to exercise caution before sending correspondence that might constitute a threat of intellectual property infringement proceedings.

Read on

McCallum v Projector Films: moral rights, principal director, and why credits counted

28 April 2026

By Kate Hay, Luke Hawthorne, Jacob Flynn, Ellie Nigro, Sophia Bleakley

Read on

Bad intentions: Can you copy elements of a competitor’s design?

27 April 2026

By Kate Hay, Cate Nagy, Jacob Flynn, Bianca Terlato

The recent decision of the Federal Court of Australia in Bodum AG v H.A.G Import Corpn (Australia) Pty Ltd [2026] FCA 238 illustrates that even deliberate copying of a competitor’s design elements does not necessarily breach the Australian Consumer Law or amount to passing off.

Read on

Federal Court grants urgent interlocutory injunction in dapagliflozin dispute

24 February 2026

By Kate Hay, Suzy Madar, Jacob Flynn, Lily McCubbin

On 16 February 2026, the Federal Court of Australia granted an urgent interlocutory injunction restraining Pharmacor from launching and listing generic dapagliflozin products on the PBS.

Read on

Special leave in Aristocrat refused: Australia’s approach to patentability of CIIs settled

11 February 2026

By Suzy Madar, Kate Hay, Jacob Flynn, Rowan Tan

Following the High Court’s refusal of special leave to the Commissioner of Patents on 5 February 2026, Australia now has a clear position on computer-implemented inventions (CIIs): the Full Federal Court’s September 2025 articulation of the test in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents[1] remains the settled law.

Read on

Federal Court grants first preliminary injunction to pharma patentee in 7 years

28 January 2026

By Suzy Madar, Kate Hay, Matthew Swinn, Jacob Flynn, Lily McCubbin

On 5 December 2025, the Federal Court of Australia granted an interlocutory injunction restraining the launch and Pharmaceutical Benefits Scheme (PBS) listing of generic long-acting injectable (LAI) paliperidone palmitate products.

Read on

Australia reformulates its position on patent term extensions

15 December 2025

By Matthew Swinn, Kate Hay, Suzy Madar, Jacob Flynn

The Full Federal Court of Australia has determined that pharmaceutical formulations are not eligible for patent term extension in Australia.

Read on

From trespass to trust: the Full Court expands equitable remedies for wrongfully obtained copyright works

3 September 2025

By Kate Hay, Jacob Flynn, Emma Higgins

The Full Court has broken new ground in The Game Meats Company of Australia Pty Ltd v Farm Transparency International Ltd [2025] FCAFC 104, imposing a constructive trust over copyright in footage obtained by trespass.

Read on

Collaborating? Here’s how to avoid a web of IP issues

22 August 2025

By Suzy Madar, Kate Hay, Jacob Flynn, Emily King

Commercial collaboration can create unbeatable opportunities for innovation and securing return on investment.

Read on

Expert evidence blows up detonator patent litigation

25 July 2025

By Suzy Madar, Luke Hawthorne, Jacob Flynn, Lily McCubbin

In a long, but intricately reasoned first instance judgment, Australia’s Federal Court has ruled on the validity and infringement of patents relating to wireless detonators.

Read on

Posts From This Author