Understanding the Concept of an Inventor
The concept of an inventor needs redefining to specifically include artificial intelligence.
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IP News to Peruse
BOTOX Reputation Unable to Provide Smooth Result for Allergan’s Infringement Allegation
In Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 the High Court has unanimously allowed Self-Care’s appeal, holding that Allergan’s BOTOX mark has not been infringed either by Self-Care’s use of the phrase "instant Botox® alternative" or by its mark PROTOX.
Read morePlant Variety Rights Act 2022 Receives Royal Assent
Following Committee of the Whole House readings the Plant Variety Rights Bill was read a third time on 15th November 2022 and received royal assent as the Plant Variety Rights Act 2022 on 18th November 2022.
Read moreCAFC Finds Eagle Doesn’t Drift Into Par’s Infringement Trap
In Par Pharmaceutical Inc v Eagle Pharmaceuticals Inc 21-2342 the Court of Appeals for the Federal Circuit (CAFC) affirmed a District Court’s finding that fluctuations in pH levels in a generic composition would not inevitably result in infringement.
Read moreFonterra’s Opposition Brings Perfect Day’s Accepted Application Down To (and below) Ground
In Fonterra Co-operative Group Ltd v Perfect Day Inc [2022] APO 59 an application relating to dairy substitutes was successfully opposed in a case where more careful drafting could have avoided that outcome.
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