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Home / News / Pearce IP Blog

PEARCE IP BLOG

Read our latest updates & insights

Stay informed about important legal and industry news with our blogs and weekly BioBlast® updates.

H.A.S. Real Estate Wins The (Branding) War But Loses The (Indemnity Costs) Battle

H.A.S. Real Estate Wins The (Branding) War But Loses The (Indemnity Costs) Battle

In a decision handed down on 2 April 2024 by the Full Federal Court, H.A.S Real Estate (H.A.S) has failed in its application for indemnity costs. The Court’s unanimous judgment by Justices Yates, Markovic and Kennett emphasises the critical importance of ensuring that an offer of compromise aligns with the orders and remedies which a party can receive through the court process.

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Aristocrat down to the felt in the Federal Court on remitter

Aristocrat down to the felt in the Federal Court on remitter

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?

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Still stuck in the mud

Still stuck in the mud

On 5 March 2024, the Australian Patent Office (APO) issued its decision in the opposition filed by Clearview Towing Mirrors Pty Ltd in respect of Australian patent application AU2020281026 (Opposed Application). Clearview had opposed the grant of the Opposed Application on the grounds of inventive step, novelty, sufficiency, support and clarity.

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A bet both ways wins PTE for Ono for OPDIVO® (nivolumab) patent based on Merck’s KEYTRUDA® (pembrolizumab)

A bet both ways wins PTE for Ono for OPDIVO® (nivolumab) patent based on Merck’s KEYTRUDA® (pembrolizumab)

On 16 February 2024, IP Australia published that Ono Pharmaceutical Co. Ltd (Ono) was granted a patent term extension (PTE) in respect of its Australian Patent No. 2011203119 (Patent).  This is the quiet conclusion to Ono’s dispute with the Patent Office relating to OPTIVO® (nivolumab) which culminated in an appeal court decision rejecting its previous application for PTE.

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