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IP News to Peruse

Guidance on Finding Distinctiveness and Specification Sweet Spots

7th July 2021

In Flujo Sanguineo Holdings Pty Ltd v Merisant Australia Pty Ltd [2021] NZIPOTM 11 the Assistant Commissioner clarified when disclaimers are appropriate and also made a rare finding that the scope of the application’s specification was too broad on account of likely use.

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Still No Clear Picture - Federal Circuit Split on Patent Eligibility

29th June 2021

In Yu v Apple Inc 20-1760 the majority decision of divided Court of Appeals for the Federal Circuit (CAFC) decisions has arguably further extended the scope of patent ineligible subject-matter under the Supreme Court’s two-step Mayo/Alice inquiry.

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Full Court Finds Dis-Harmony in Trial Judge’s Judgment

24th June 2021

In Ariosa Diagnostics Inc v Sequenom Inc 2021 FCAFC 101 the Full Court of the Federal Court (FCAFC) rejected Ariosa’s appeal against the trial Judge’s finding that Sequenom’s non-invasive prenatal diagnosis patent is valid, but held that the trial Judge erred in finding some of the patent claims infringed.

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Feedback Sought on Issues with Using IP Australia’s New Online Services Platform

11th June 2021

With the impending decommissioning of IP Australia’s eServices Platform feedback is being sought on any issues users of IP Australia’s New Online Services Platform have had.

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Forward to the Past – EU Consults on GI Protection for Non-Agricultural Products

4th June 2021

The European Commission has opened a public consultation on whether to create EU-wide harmonised protection for indications of geographical origin in relation to non-agricultural products.

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