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Helen Macpherson

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Zoetis Vaccine Patents’ Last Stand

Zoetis Vaccine Patents’ Last Stand

Justice Rofe has delivered a further supplementary decision in the dispute between Boehringer Ingelheim Animal Health USA Inc (Boehringer) and Zoetis Services LLC (Zoetis) in relation to three Zoetis vaccine patent applications. Her Honour has now held the last remaining valid claim to be invalid for failure to disclose the best method of performing the claimed invention.

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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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The Next Chapter in the Carpark Patent Saga: The Full Court’s Decision on Infringement and Best Method

The Next Chapter in the Carpark Patent Saga: The Full Court’s Decision on Infringement and Best Method

The Federal Court’s second patent decision of 2024 is a unanimous decision of the Full Federal Court relating to one of several long-running patent disputes in the field of carpark overstay detection.   In March 2023, Justice Besanko upheld the validity of two patents owned by Vehicle Monitoring Systems Pty Ltd (VMS), both entitled ‘Method, apparatus and system for parking overstay detection’. 

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It’s a dog’s life

It’s a dog’s life

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®).

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