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Articles by Patrick Sands
Full Federal Court Takes ‘New Aim’ at Experts: Appeal Decision Handed Down in New Aim Pty Ltd v Leung [2023] Fcafc 67
The Full Court of the Federal Court of Australia handed down its appeal decision on 10 May 2023 in New Aim Pty Ltd v Leung [2023] FCAFC 67 (Appeal). A five judge panel presided over the Appeal and ultimately found in favour of the Appellant, New Aim Pty Ltd, including in relation to appeal ground 12 which contended that the primary judge erred in rejecting the entirety of the written and oral evidence of New Aim’s expert at trial, Ms Chen.
TRADE SECRETS: An International Perspective on Their Protection and Tips to Mitigate Disclosure Risk
Monday, December 19, 2022 There have been a number of recent prominent examples of the unauthorised use of trade secrets by employees or former employees of large businesses. In November 2021, pharmaceutical giant Pfizer sued a 'soon to be former' employee for allegedly uploading more than 12,000 files, including 'confidential Pfizer documents' to a personal Google Drive account and to personal devices.
High Court Split 3-3 in Landmark Decision on the Patentability of Computer Implemented Inventions in Australia
The High Court has issued its eagerly awaited decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (Aristocrat). Six High Court Justices presided over the appeal from the Full Federal Court of Australia (Full Court Decision), which we wrote about in November 2021. The High Court was split 3-3, meaning the appeal was dismissed and Aristocrat’s patent application will not proceed to grant.
Australian Court Revisits Contributory Patent Infringement Issue
The issue of contributory infringement of a patent under the Australian Patents Act 1990 (Act) does not often arise for consideration by the Australian judicial system. When it does arise, the question of whether or not the product supplied is a ‘staple commercial product’ under the relevant provisions of the Act is always of particular interest.
Diving Deeper Into the Amendments to The Australian Designs Act: Tips, Tricks and Risks (Part 2)
In part 1 of this series (here), we considered the welcome introduction of a 12-month grace period that came into effect as of 10 March 2022. The grace period protects a design owner against inadvertent disclosure of a design before an application for protection of the design is filed – previously, this was fatal to having enforceable design rights.
Google Reviews - Qualified Privilege Defence Upheld in Defamation Claim
The Victorian Supreme Court (the Court) recently upheld a statutory qualified privilege defence in novel circumstances. The defence was applied in respect of what were otherwise found to be defamatory Google reviews.
Australia Re-Aligned with Major Jurisdictions for AI-Based Inventorship
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F45 Cops a Punch in Further Australian Decision on Patents for Computer Implemented Inventions
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Kia Georgia Announces New CEO
Kia Georgia, Inc. announced the retirement of its President & Chief Executive Officer, Jangsoo (Jason) Shin, effective December 31, 2021. Shin has led the Georgia facility since 2017, overseeing the inaugural launches of the brand’s Telluride and K5 models, as well as the latest generation of its first model, the Sorento.
The dust settles further in relation to patents for computer implemented inventions in Australia
Australia December 15 2021 Last month we wrote about the Full Federal Court’s decision in Commissioner of Patents v Aristocrat Technologies Australia Pty Ltd [2021] FCAFC 202 (Aristocrat), which concerned the patentability of computer implemented inventions (CIIs). This month, the Full Court determined another appeal regarding CIIs: Repipe v Commissioner of Patents [2021] FCAFC 223.
Australian Appeal Case Revisits Patentability of Computer Implemented Inventions
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Bad For Animals, Humans, and The Environment
0 Everyone has got to eat. But do you know where your food comes from? The grocery store, of course. Well, yes. How about where it is before it gets to the grocery store? A farm of come sorts. Most people probably do not care where their food actually comes from, let alone how their food was raised before it ends up in their kitchen. Factory farms are where 99% of animals in the United States are raised. These farms are very bad for a number of different reasons.
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