The IPKat has received and is pleased to host the following guest contribution by Kimberley Evans (Pearce IP) regarding a recent Australian decision concerning inter alia the honest concurrent use and own name defences under Australian trade mark law. Here’s what Kimberley writes:
Fanatics about trade mark infringement, cancellation and honest concurrent use in Australia
Vald Pty Ltd sued KangaTech Pty Ltd for patent infringement and Kanga cross-claimed alleging that Vald’s patent is invalid on the basis of lack of support, lack of sufficiency and lack of inventive step.
On 8 March 2024, Justice Burley of the Federal Court issued the latest in a series of decisions relating to the patent-eligibility of Aristocrat’s electronic gaming machine (EGM) patents. Unfortunately it does not resolve the legal uncertainty created by the High Court’s split decision on the matter in 2022. What next?
Zoetis Services LLC opposed two Australian patent applications (one standard and one innovation patent application) in the name of Boehringer Ingelheim Vetmedica GmbH. The applications claim a method of treating heart failure due to asymptomatic myxomatous mitral valve disease (MMVD) in a patient (including a dog) by administering pimobendan (also known as Vetmedin®).
On 24 January 2024 New Zealand introduced a new IP Bill for Geographical Indications (GIs). The bill will amend NZ law...