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Helping you value, protect and capitalise on your greatest assets.

IP litigation

For many companies, their commercial viability depends on their ability to protect and capitalise on their intellectual property. In the case of facing or responding to IP litigious matters, two elements are critical: responsiveness and an ability to call on highly experienced specialists in all aspects of IP law. Our IP litigators have decades of experience and work with Australian and International companies to protect and enforce our clients' interests in high-stakes litigation.

Our team of IP Introduction litigators have expert knowledge in both intellectual property and dispute strategies and tactics to help clients achieve their commercial objectives. Our lawyers work collaboratively, providing clients with responsive support across all areas of IP law. We take a considered approach to litigation, calling on substantial and deep expertise in patents, copyright, trade marks, registered designs, trade secrets and breach of confidence, and misleading and deceptive conduct. With leading subject matter experts at our disposal, we bring a wealth of expertise to every case.

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Knowledge and expertise

We work closely with clients across the full scope of their Intellectual Property requirements:

Intellectual propertyPATENTSTRADE MARKSCOPYRIGHTIP TRANSACTIONSPatent and design prosecution

How we can help

Known for our bench strength spanning all areas of intellectual property litigation, our clients engage us on:

  • Patent litigation and advice
  • Copyright litigation and enforcement
  • Trade Mark litigation and enforcement
  • IP transaction disputes
  • Registered designs
  • Anton Pillar or search and seizure orders, interim injunctions and other urgent injunction applications;
  • Confidential information disputes
  • Misleading and deceptive conduct matters and litigation

Case studies

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Foxtel

Represented Foxtel in the first proceedings in the Federal Court to block infamous pirate websites The Pirate Bay, Torrentz, TorrentHound and IsoHunt, and in all subsequent applications for such orders. The initial proceeding involved a new and untested section of the Copyright Act 1968 (Cth) (Copyright Act) (s 115A) that allows orders to be made against ISPs to effect the blocking.

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Stan Entertainment

Acting in proceedings commenced by copyright collecting society APRA | AMCOS – seeking to re-set terms on which subscription video on demand services can exercise the copyright in music included in their programming.

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Kreglinger (Australia) and Pipers Brook Vineyard

Successfully defended Federal Court proceedings of misleading and deceptive conduct / passing off regarding wine packaging.

 

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SingTel Optus

Represented SingTel Optus in urgent interlocutory and subsequent infringement dispute commenced by Boost Tel Pty regarding the use of the word 'Boost' in relation to telecommunications services.

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Allied Pumps patent litigation

Successfully represented Allied Pumps in patent opposition and Court proceedings where the patent for an variable speed generator was invalidated after the supplier facilitated a commercial trial before filing the patent.

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Hytera patent litigation

Successfully acted in the largest patent trial in recent years in a 'bet the company', three patents, highly complex (both legally and factually) electronics and software dispute for Chinese clients, being the Australian dispute in the continuing global patent dispute against Motorola across the US, Europe, China and Australia.

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Botox

Represented Self Care in complex trade mark dispute against Allergan, the owners of the Botox trade mark in Australia. The matter involved allegations of trade mark infringement, contraventions of the Australian Consumer Law, and applications to revoke various trademarks.

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Wrigley patent opposition

Acting for global gum and confectionary company, Wrigley, in Wm. Wrigley Jr. Company Australian v Perfetti Van Melle S.p.A. – Opposition to Patent Application No. 2017259048

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https://www.minterellison.com/intellectual-property/ip-litigation

Our thinking and experience

Lead contacts

Robert Cooper

Partner, Melbourne

Jonathan Kelp

Partner, Melbourne

John Fairbairn

Partner, Sydney

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