The Federal Court of Australia has clarified when a successful patentee must make an election for pecuniary relief in Vehicle Monitoring Systems Pty Ltd (VMS) v SARB Management Group Pty Ltd (SARB) (No 13) [2025] FCA 1078.
Read MoreThe recent decision in Regeneron Pharmaceuticals, Inc v Sandoz shows how a strong noninfringement position can be powerful to resisting a preliminary injunction. The dismissal of the Regeneron Pharmaceuticals, Inc. (Regeneron) and Bayer Australia Ltd and Bayer Consumer Care AG (together Bayer) parties’ application for interlocutory relief aligns with the recent trend away from granting preliminary (interlocutory) injunctions in pharmaceutical patent cases. While the trend has primarily arisen from the court’s recognition that the calculation of damages for a new market entrant is likely to be more difficult than that for the patentee, this was a, but not the main driving, factor in this case.
Read MoreIn Paige v Sage and Paige1, the Federal Court considered the existence of brand collaborations in the fashion industry, colloquially known as “collabs”, in assessing the deceptive similarity of trade marks.
Read MoreThe Full Federal Court recently issued a game changing decision in Aristocrat v Commissioner of Patents [2025] FCAFC 131, which has major implications for the patentability of computer-implemented inventions.
Read MoreThe Federal Circuit recently issued its first review of a derivation proceeding, a rarely used proceeding provided for by the America Invents Act (AIA).
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