Patent Law Update – Full Federal Court upholds Justice Burley’s findings that only half of Juno’s proposed product infringes Pharmacia’s valid patent

Pharmacia LLC v Juno Pharmaceuticals Pty Ltd [2022] FCAFC 167

Shape Mark - Use as a Trademark - Is this the FINISH?

RB (Hygiene Home) Australia Pty Ltd v Henkel Australia Pty Ltd [2022] FCA 1042

Trade Marks and Consumer Law Update – Shape mark – use as a trade mark – is this the FINISH? 

The CAT is well and truly out of the bag

Puma SE v Caterpillar Inc [2022] FCAFC 153

Trade Marks Update – the CAT is well and truly in the bag – Puma fails in the Full Court to obtain leave to appeal decision refusing registration of PROCAT due to Caterpillar’s CAT marks 

What to do with the split High Court decision on Manner of Manufacture?

Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29

Patent validity – manner of manufacture – claim to electronic gaming machine

Hell hath no fury like the Hells Angels

Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Ltd (No 5) [2022] FCA 837

Trade marks – declarations of infringement by reference to examples – damages and additional damages – attempted mitigation by respondent

C.M.E. Blasting & Mining Equipment Ltd v Rock Tool Refurbishment Solutions Pty Ltd (No 2)

C.M.E. Blasting & Mining Equipment Ltd v Rock Tool Refurbishment Solutions Pty Ltd (No 2)

[2022] FCA 632

Patents - interlocutory applications – respondent cross-claims for a non-infringement declaration and applicant sought interlocutory orders for sample of respondent’s machine and related documents –respondent sought summary dismissal of various of applicant’s claims – both interlocutory applications dismissed

When "opposites" Attract Infringement

Illinois Tool Works Inc v Airco Fasteners Pty Ltd [2022] FCA 495

Patents – where invention claimed is a fuel cell for use in a combustion tool – construction of patent – meaning of “close proximity” – meaning of “opposite”