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Articles by Eliza Jane Saunders
Commonwealth Sanofi damages decision delivered by full court: Sanofi avoids damages payment to the Commonwealth in clopidogrel decision
The Full Federal Court handed down its decision this morning in the longstanding dispute as to whether the Commonwealth can claim under the “undertaking as to damages” a patentee (here Sanofi) is required to give to a generic (here Apotex, and others) as a condition of a preliminary injunction.
I’ll cry about it later - Katy Perry appeals AU trade mark loss
On Thursday, Katy Perry appealed the first instance decision of the Federal Court of Australia which found that her company Kitty Purry Inc infringed the trade mark rights of Australian designer Katie Jane Taylor (born Katie Perry) (Taylor). Taylor is the owner of Australian trade mark 1264761 KATIE PERRY® registered in class 25 for clothes. Taylor has sold clothes under this trade mark in Australia since about 2007.
Schlam dunk - Federal Court makes Norwich Pharmacal orders against third party new employer
Following a trend of cases being filed by employers against ex-employees in the Federal Court for breach of confidence and copyright infringement, Justice Jackson in Austin Engineering Pty Ltd v Podulova & Ors [2023] FCA 419, has made interlocutory Norwich Pharmacal orders against an ex-employee, Anastasis Podulova (Podulova) as well her new employer, the Schlam group of companies (Schlam).
Nailed It - the Full Federal Court upholds purposive construction of fuel cell claims
A central tenet of patent interpretation under Australian law is that the specification should be a given a purposive construction rather than a purely literal one. While this is different to the Doctrine of Equivalents that exists in other jurisdictions, a purposive construction can result in a claim defining an invention being interpreted in a way that extends its scope beyond the literal meaning of the words employed at drafting.
HealthTech - Shifting Landscapes Series (Part 2): Software as a Medical Device
Please note: This article is the second in our HealthTech - Shifting Landscapes Series. For an introduction to this series, overview of the trends and legal issues in the industry, and information on articles that will follow in this series, please see our first article here. The Software as a Medical Device (SaMD) market is a nascent market which offers huge growth potential; but there are distinct growing pains. What is SaMD? SaMD uses data input to output results which have a medical purpose.
Patent eligibility of diagnostic methods in Australia confirmed: Ariosa Diagnostics, Inc v Sequenom, Inc [2021] FCAFC 101 | Insights | DLA Piper Global Law Firm
For many years, the following question awaited judicial determination under Australian law: is a DNA-based diagnostic method patent eligible subject matter? For this reason, the case of Sequenom, Inc. v Ariosa Diagnostics, Inc. has been watched closely as it played out around the world: from the US, to the UK, and now, at last, Australia.
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