Congratulations to our Barristers who were recognised in Doyle's list of leading Intellectual Property Counsel in 2023!

The 2023 listing of preeminent Australian Intellectual Property counsel features barristers specialising in legal issues related to intellectual property within the Australian legal market. These individuals have been recognised by both clients and colleagues for their expertise in these field.

Patent Law Update

MMD Design and Consultancy Limited v Camco Engineering Pty Ltd [2023] FCA 827

Patents – The “repair defence” to patent infringement, and “hindsight bias” on patent validity 

UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 2) [2023] FCA 885

Patents – unjustified threats – patent for a system, method and computer program for controlling access to a car park – manner of manufacture

Patent Law Update

ToolGen Incorporated v Fisher (No 2) [2023] FCA 794

Appeal of patent opposition decision – disclosure and enablement in priority document and patent specification – support requirement – priority date

Trade Mark Law Update

Ragopika Pty Ltd v Padmasingh Isaac Trading as Aachi Spices and Foods [2023] FCA 487

Appeal from decision of a delegate of the Registrar of Trade Marks refusing registration application – whether use of mark sought to be registered would be likely to mislead of deceive – whether closely related goods – ACL – owner of the mark - whether application made in bad faith

Copyright Law Update

Chapcon Building Services Pty Ltd v Spectrum Homes Qld Pty Ltd [2023] FCA 873

Copyright infringement – authorisation – summary judgment

Patent Law Update

Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 8) [2023] FCA 182

Patent infringement – patent validity – additional damages

Trade Mark Law Update

Seven Network (Operations) Limited v 7-Eleven Inc [2023] FCA 608

Trade marks – non-use – discretion

Patent Law Update

Sandoz Ltd v Bristol-Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472

Patents – UK “plausibility” for sufficiency and inventive step – relevance to Australian patent validity

Patent Law Update

Commonwealth Scientific and Industrial Research Organisation v Urrbrae Foods Pty Ltd [2023] FCA 504

Patents – preliminary discovery – Pre-action production of samples

Intellectual Property Law Update

New Aim Pty Ltd v Leung [2023] FCAFC 67

Evidence – expert evidence preparation – fact evidence preparation

Copyright and Confidential Information Law Update

Austin Engineering Pty Ltd v Podulova [2023] FCA 419

Copyright – confidential information – Norwich Pharmacal orders