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John Collins, Sumer Dayal (Clayton Utz)
Exhaustion of rights? When is a purchaser's implied licence not a licence?
July 26, 2019

On 5 July 2019, the Full Court of the Federal Court of Australia (Full Court) handed down its judgment in the appeal and cross-appeal in Calidad Pty Ltd v Seiko Epson Corporation [2019] FCAFC 115.  …

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John Collins, Sumer Dayal (Clayton Utz)
A burden to bear - a brief comparison of Lyrica and the test for sufficiency in Australia and UK
February 13, 2019

Two recent decisions in the UK and Australia in the long-running pregabalin litigations demonstrate the different approaches in these jurisdictions to determine if a patent specification has…

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John Collins, Sumer Dayal (Clayton Utz)
Hold on to your licences – IP exemptions in Australia’s Competition Act set to be repealed
October 09, 2018

On 20 September 2018, the Treasury Laws Amendment (2018 Measures No. 5) Bill 2018 (Bill) was tabled in Australia’s House of Representatives. Among the amendments proposed was the repeal of Section…

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John Collins, Sumer Dayal (Clayton Utz)
Enter Phase 1:  Australia's government tables new IP law amendments but omits abolishing innovation patents
May 16, 2018

On 28 March 2018, the Australian Government introduced the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 to the House of Representatives…

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John Collins, Sumer Dayal (Clayton Utz)
Enter Phase 1: Australia's government tables new IP law amendments but omits abolishing innovation patents
May 15, 2018

On 28 March 2018, the Australian Government introduced the Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2018 in the House of Representatives…

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John Collins, Sumer Dayal, Francesca Teng (Clayton Utz)
The Productivity Commission's first scalps: Australia's Government introduces draft legislation to abolish innovation patents and amend pharmaceutical data requirements
November 15, 2017

On 23 October 2017, IP Australia released the draft Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Bill 2017 for public comment.  The purpose of the…

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John Collins, Sumer Dayal (Clayton Utz)
Australia’s Federal Government has its say on the Productivity Commission's Report on IP Arrangements
September 04, 2017

The Productivity Commission released its final report into Australia’s IP arrangements in December 2016 (covered in our post earlier this year, ‘IP Rights vs IP Wrongs’).  Now, the Australian…

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John Collins, Sumer Dayal (Clayton Utz)
The Lyrica saga continues: Australia's Full Federal Court dismisses Warner-Lambert's argument that an application for PBS listing is an infringing act
May 20, 2017

Since Warner-Lambert successfully defended its pregabalin patent and obtained injunctions against generic market entry in Apotex Pty Ltd v Warner-Lambert Company LLC (No 2) [2016] FCA 1238 (see our…

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John Collins, Sumer Dayal (Clayton Utz)
Full Federal Court overhauls the date from which relief can be granted for innovation patent infringement
April 18, 2017

In a significant departure from precedent, the Full Federal Court of Australia held in Coretell Pty Ltd v Australian Mud Company Pty Ltd [2017] FCAFC 54 (Coretell) that the entitlement to relief for…

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John Collins, Natalie Shoolman, Ashley Cameron (Clayton Utz)
Landmark Federal Court decision sets a new benchmark for damages in patent infringement claims
March 21, 2017

The Federal Court of Australia has handed down its first detailed damages decision in a long time in a patent infringement claim against a generic pharmaceutical company. In doing so, it sets a new…

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