Pipers issues a bulletin on a monthly basis providing a summary of recent developments in intellectual property law and practice in Australasia and other key countries and regions such as USA, UK, Europe and Asia. Below are links to articles in the latest bulletin. Previous issues can be accessed via the left pane navigation.
Contents Summary of Latest Bulletin
Offer to Supply after Patent Expiry can Infringe if made before Patent Expiry
In Apotex Pty Ltd v Warner-Lambert Company LLC (No 3) a Federal Court Judge confirmed that where an offer to supply after patent expiry is made during the patent term, such an offer will constitute infringement of the exclusive patent rights.
United States of America
All Steps Do Not Need to be made by Single Actor for Induced Infringement
In Eli Lily and Company v Teva Parenteral Medicines Inc the Court of Appeals for the Federal Circuit (CAFC) upheld a finding that Teva infringed Eli Lily’s method patent even though no single actor performed all the steps of the method of treatment.
2. Trade Marks
Scope of Rights in Block Letter Registration Clarified
In Domaines Pinnacle Inc v Constellation Brands Inc the Federal Court of Appeal clarified the scope of a trade mark owner’s right to use their non-stylised word trade marks in any form.
NZ Supreme Court Favours Narrow Rights Resulting from Trade Mark Use
In 2017 NZSC 14 Crocodile International PTE Ltd v Lacoste the Supreme Court revoked registration 70068 in the name of Lacoste for a device mark containing a stylised version of the word Crocodile and a left facing Crocodile.
Application Refused Registration due to Mark Revoked with effect from 3-Days After Application Date
In 2017 NZIPOTM 4 SC Johnson & Son Inc v International Consolidated Business Pty Ltd an Assistant Commissioner held that an application can be cancelled if the applicant did not qualify as the owner as of the application date.