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Enjoin or Expedite: Is this the New Dilemma for Patentees in Australia?

  • 30 Oct 2019
  • 6:00 PM - 7:30 PM
  • Allens Melbourne (live) and Allens Sydney and Brisbane (via live video from Melbourne)

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AIPPI Australia 2019 Seminar Series:

Enjoin or Expedite: Is this the New Dilemma for Patentees in Australia?

Presented by Lisa Taliadoros and Tom Cordiner QC

Melbourne, Sydney, and Brisbane, 6pm, 30 October 2019


Some recent refusals by the Federal Court to grant interlocutory injunctive relief, and the Court’s instigation of new case management principles that encourage parties to adopt expedited or truncated hearing processes, have caused practitioners to wonder whether there has been a fundamental change in approach by the Court to interlocutory injunctions.  But does it really represent a new approach?  Has there really been any movement of the goal posts?  Are practitioners now really facing a new dilemma in advising clients to seek interlocutory injunctive relief rather than a speedy trial? Can a “rocket docket” really meet an intellectual property rights holders’ needs?  If so, when and how?

When:

6pm on 30 October 2019 (immediately following the AIPPI Australia AGM)

Where

Melbourne: Allens, 101 Collins Street

Sydney: Allens, Deutsche Bank Place, 126 Phillip Street (via live video from Melbourne)

Brisbane: Allens, Level 26, 480 Queen Street (via live video from Melbourne)

Cost

Members: free

Non-members: $50.00

Speakers

Head of the Jones Day Australian Intellectual Property Practice, Lisa Taliadoros has nearly 20 years of experience in high value IP disputes including in relation to patents, copyright, trade marks and designs. A focus of Lisa’s practice is complex, multijurisdictional patent litigation. In these matters, Lisa has acted for clients across a range of industries including pharmaceuticals, life sciences, biotechnology, IT and mining in both the High Court and Federal Court of Australia.  Lisa has successfully acted for pharma and life sciences clients in securing interlocutory injunctions against generic competitors (including for Sanofi re Arava; Wyeth re Efexor XR and J&J re fentanyl patches).

Lisa is a member of the Intellectual Property Law subcommittee of the Law Council of Victoria.  Prior to obtaining her law degree, Lisa was a scientist at the CSIRO and the Centenary Institute of Cell Biology and Cancer Medicine involved in research in the fields of virology and autoimmune disorders.

Tom Cordiner is a Queen’s Counsel at the Victorian Bar, specialising in intellectual property law.  Prior to joining the legal profession in 1998, he obtained an honour’s degree in molecular science, which provided his technical qualification for later becoming a registered patent attorney.  He has been involved in a number of patent disputes over the years.  Relevantly, he acted for Alphapharm in successfully resisting an interlocutory injunction restraining it from marketing its insulin glargine product, “SEMGLEE”; he acted for Mylan Health in failing to obtain interlocutory injunctive relief pending appeal in the fenofibrate dispute; he acted for Pfizer/Hospira in obtaining interlocutory injunctive relief against Interpharma in the dexmedetomidine dispute; and acted for Lomax Group in successfully resisting interlocutory injunctive relief sought by Liberation Developments in a dispute about hoarding.

 

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