Apotex Pty Ltd v ICOS Corporation (No 4) – and in other news…
Patents – penal notices and injunction against guarantees of supply for Pharmaceutical Benefits Scheme (“PBS”) listing
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Apotex Pty Ltd v ICOS Corporation (No 3) [2018] FCA 1204
Patents – invalidity, threatened infringement, relief
Australian Mud Company Pty Ltd v Coretell Pty Ltd (No 2) [2018] FCA 1109
Abuse of process – consecutive actions for infringement of divisional innovation patents
Case note on Perera v GetSwift Ltd [2018] FCAFC 202
Competing proceedings are now a feature of the class action landscape. GetSwift was the first opportunity for the Full Court of the Federal Court to provide guidance as to the management of competing class actions.
Trustees chasing dead directors over dodgy deductions
The Full Court of the Federal Court recently considered the fiduciary duties of directors arising out of a dishonest scheme claiming tax deductions that weren’t available to the companies, resulting in liquidation.
Victorian Court of Appeal upholds the availability of a quantum meruit following termination of a contract
The Court of Appeal has upheld a VCAT decision in which owners were ordered to pay a builder $660,526.41 by way of a quantum meruit following the termination of a building contract, a sum which was considerably more than the builder might have recovered in a damages claim under the contract.
Honest Reveira v Registrar of Trade Marks
Trade marks – application for judicial review of decision of Registrar to extend time for filing notice of intention to oppose application for removal of two trade marks – “circumstances beyond control of the person”
Red Energy Pty Ltd v Registrar of Trade Marks
Trade marks – appeal from decision of Registrar to reject application on ground of lack of distinctiveness
Red Energy Pty Ltd, an energy retailer in the National Electricity Market, applied for registration of the trade mark EVENPAY.
Banksia: Court of Appeal overturns approval of distributions to litigation funder
In Botsman v Bolitho & Ors [2018] VSCA 278, the Court of Appeal agreed that a settlement sum of $64 million was fair and reasonable but overturned the trial judge’s decision to approve distributions in respect of legal costs and pursuant to a common fund order.
High Court revisits causation and quantification in knowing assistance claims
The High Court has enshrined the ‘but for’ causation threshold in Barnes v Addy claims for knowing assistance of breaches of fiduciary duty.
Validus Advisory Group Pty Ltd: an important reminder of the requirement for an AFSL
Validus Advisory Group Pty Ltd v Consolidated Tin Mines Ltd [2018] NSWSC 417 stands as an important reminder of the consequences of carrying on a financial services business without a licence, and the broad scope of activities that are covered by the licensing regime.
State legislatures cannot vest jurisdiction in executive tribunals over residents of other States
The High Court unanimously held that a State legislature could not vest jurisdiction in an executive tribunal to hear a dispute between residents of different States, but split 4:3 on why
Taking a punt on the SPORTINGBET mark
Trade marks – misleading or deceptive conduct – interlocutory injunction – user of “SPORTSBET” seeks restraint on use of “SPORTINGBET” – characteristics of online betting market – admissibility of focus group report – prima facie case – previous co-existence of rival names – balance of convenience – need to find new name
Patent infringement claim fails to put the brake on use of safety device
Patents – infringement and validity – safety system used for the detection of obstructions in the path of a moving part of machinery, such as press brakes
Bovine genetic patent more than a load of bull
Patents – method for identifying traits from genetic make-up of cows – manner of manufacture, inventive step, sufficiency, novelty, fair basis, clarity, definition and utility.