Court Decisions – Page 15

Teva and Its Potential Impact on Patent Litigation

Jan 30 2015

The Supreme Court recently handed down its 7-2 opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The case involved a Federal Circuit review of a district court’s determination that Teva’s patent claims were not indefinite with respect to the phrase “molecular weight.” During trial, the District Court construed the phrase “molecular weight” by considering expert declarations from both parties relating to different ways to calculate a molecular weight, and how the specification supported or conflicted with each of the ways to calculate molecular weight. The District Court credited Teva’s expert declaration at the expense of Sandoz’s expert declaration.

To read the full alert, click here.

Continuation of the Dispute Between “SUPERGLUE” and “SUPER GLUE”: Decision of the Court of Justice of the European Union

Jan 20 2015

A decision issued recently by the Court of Justice of the European Union (C-91/14 P) (Court of Justice) concluded another stage in a dispute between Przedsiębiorstwo Handlowe Medox Lepiarz Jarosław, Lepiarz Alicja sp.j. (PH Medox) and OHIM and Henkel Corp. (an intervening party). The dispute concerned the following graphic designation:

The Color Red Sparks a Dispute Between Banks

Dec 09 2014

The Secondary Distinctiveness of a Trademark: Ruling of the Court of Justice of the European Union

If a ‘significant part’ (at least 70%) of the consumer group is able to recognize given goods as deriving from a specific company using the trademark, then the mark has certainly acquired distinctiveness, including in the case of ‘secondary distinctiveness as a result of use’.

The European Court of Justice held on 19 June 2014 in a ruling (C-217/13 and C-218/13) in the case of Oberbank AG, Banco Santander SA and Santander Consumer Bank AG vs. Deutsche Sparkassen und Giroverband e.V. (DSGV), the result of three pre-trial questions submitted to the Court of Justice by the German Federal Patent Office (Bundespatentgericht). The findings were as follows: Read More

Apple Denied App Store Trade Mark in Australia

Dec 05 2014

It has been a bumper week for IP decisions in Australia. Earlier, we reported on the Coke v Pepsi and Cantarella decisions. Now, in a third major judgment, the Federal Court of Australia (Federal Court) has refused registration of Apple’s trade mark application for APP STORE in Australia.

Apple Inc. v Registrar of Trade Marks [2014] FCA 1304 was an appeal from a decision by the Registrar of Trade Marks (Registrar). The Registrar found that the trade mark APP STORE was ‘purely’, ‘directly’ or ‘inherently’ descriptive, as it would be well understood by modern digital-savvy consumers to refer to a ‘store’ that sells or provides ‘apps’. Read More

High Court of Australia Decides Landmark Trade Mark Case

Dec 05 2014

Decision in Cantarella Bros Pty Ltd v Modena Trading Pty Ltd Clarifies Test for Distinctiveness of Trade Marks in Australia

This week, the High Court of Australia (High Court) handed down only its third decision considering trade mark issues since the enactment of the Trade Marks Act 1995 (Cth). This decision could make it easier to register foreign language words as trade marks.

The Great Bottle Battle – Coke vs Pepsi

Dec 03 2014

Coke Loses its Action Against Pepsi Based on its Iconic Contour Bottle

The Coca-Cola Company v Pepsico Inc & Ors (No 2) [2014] FCA 1287

On 28 November 2014, the Federal Court of Australia dismissed claims of trade mark infringement, misleading and deceptive conduct and passing off made by The Coca-Cola Company (Coke) against Pepsico Inc, Pepsico Australia Holdings Pty Ltd, and Schweppes Australia Pty Ltd, the manufacturer and distributor of Pepsico Inc products in Australia (collectively referred to as Pepsi). Read More

AUD50,000+ Reasons for Employees to Think Twice About Their Employer’s Copyright Works and Confidential Information

Nov 21 2014

Employees often like to take a little with them when leaving employment, some might say as a ‘memento’, others might say as outright theft of the intellectual property of their employer. In a recent decision, an ex employee was ordered to pay his former employer AUD50,000 in damages for copying over 60GB of data prior to leaving his job to work for a competitor.

Business Method Patents in Australia: Mere Computer Implementation Not Enough

Nov 20 2014

Research Affiliates LLC v Commissioner of Patents [2014] FCAFC 150

On 10 November 2014, the Australian Full Federal Court (Court) held that a method of creating an index of securities using a standard computer was a ‘scheme’, and, hence, not a patentable invention.

The Court applied the Australian High Court test from National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252 that a patentable invention must produce an “artificially created state of affairs”. The Court said that this test is not satisfied by mechanistic application of artificiality or physical effect, but by understanding the claimed invention as a matter of substance not form. Read More

UK Trade Mark Owners win Landmark Case Against ISPs

Nov 14 2014

ISPs Ordered to Block Websites Selling Counterfeit Products

In a landmark decision, a judge of the High Court of Justice, England and Wales has ruled that internet service providers (ISPs) in the United Kingdom may be ordered to take all reasonable steps to prevent or restrict access to websites selling counterfeit goods.

The case was brought by luxury brand owner Compagnie Financiere Richemont SA (Richemont), which relevantly owns the Cartier and Montblanc brands and associated trade marks, against the five largest ISPs in the United Kingdom.

High Court Confirms That Extension of Time Provisions Apply to Requests for Pharmaceutical Extensions of Term

Nov 11 2014

In a recent decision, the High Court of Australia has ruled that the extension of time provisions of the Australian Patents Act 1990 (Act) can be used to extend the time for requesting an extension of term of a patent relating to a pharmaceutical substance.

The dispute was based on a request by Lundbeck to extend the term of Australian patent 623144. The extension of term request was filed after the applicable deadline and was, therefore, accompanied by an application for an extension of time. Read More

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