#litigation

Steve Davey

Can I get compensation for the damage to my business as a result of threats of patent infringement?

A person or company that has been unjustifiably threatened with patent infringement litigation may seek an injunction to prevent the...

Steve Davey

Should I take my adversary's offer of comprise in our court case?

In the patent infringement case of Bayer Pharma Aktiengesellschaft v Generic Health Pty Ltd [2017] FCA 250, Bayer made an offer of...

Steve Davey

Can I get compensation for design infringement even if I lost no profit?

The case of Ahiida Pty Ltd v JB Trading Group Pty Ltd [2016] FCCA 3146 shows that compensation can still be awarded even if the owner of...

Steve Davey

How can I avoid claims of co-ownership or co-inventorship of my invention?

The case of Kafataris v Davis [2016] FCAFC 134 shows that you only disclose your invention to interested third parties under a...

Steve Davey

Can I receive additional compensation for flagrant infringement of my copyright?

In APRA v Dion [2016] FCCA 2330, the Federal Circuit Court awarded $34,822 for copyright infringement and $400,000 for flagrant...

Steve Davey

If I don't use my registered trade mark, will I lose it?

If you registered your trade mark over 3 years ago, and you haven't used it in the course of trade for 3 years, then a competitor could...

Steve Davey

Why can't I just ignore a cease and desist notice?

The case of Tolkien Estate Limited v Saltalamacchia [2016] FCA 944 shows that if you ignore cease and desist notices, you are likely to...

Steve Davey

Can I stop someone from copying my architectural design?

If an original architectural design is made, then the designer will own the copyright in those designs. If the designer is the...

Steve Davey

How can I stop an infringer before my patent is granted?

If you ask someone to sign a confidentiality agreement before you disclose your provisional patent application to them, then you can sue...