Disputes and litigation

We can help you resolve any intellectual property dispute whether in Australia or internationally (with our extensive network of associates). Since 2002, Duncan has worked for clients in multi country IP disputes – developing strategies and managing resolution and litigation in dozens of countries. This was the genesis of one of Duncan’s books, published by Oxford University press, Edited by Duncan and the result of collaboration with a team of lawyers across the world.

Examples of our work in IP Disputes and Litigation include:

• Alternative Dispute Resolution approaches and strategy
• Anti-counterfeiting advice and enforcement
• Appeals from IP Australia, the AAT, State Courts or the Federal Court
• Challenging the validity of patents, trade marks, registered designs
• Copyright disputes
• Designs disputes
• Enforcement or defense of IP Rights before the Courts (infringement or revocation proceedings, usually in the Federal Court)
• Enforcing rights to brands under the Consumer Law and Passing Off
• Negotiating and resolving disputes
• Non-Use Trade Mark proceedings
• Oppositions and Disputes before IP Australia (patents, trade marks, registered designs)
• Patent disputes
• Trade Mark disputes
• Trade Secret and Breach of Confidence enforcement
• Urgent interlocutory injunctions

Insights about disputes and litigation

IP Update: Rubiks 3D marks gone, Pixel 7 infringes SEP, Trump patent value tax and UPC jurisdiction

European Patents – do applicants have to amend the description to match the allowed claims? Finally there is a referral to the Enlarged Board of Appeal (G1/25) to sort out this conflict between the EPO guidance and the Board of Appeal. The Unified Patent Court…

IP Update: IPR is tough for older patents, EU Colour marks, Tesla final appeal in UK on FRAND, EPO prior art clarified

EPO enlarged board of appeal rules that non-reproducible commercial products are prior art when assessing novelty and inventive step. A product put on the market before the filing date of a European patent application cannot be excluded from the state of the art solely because its…

IP Update: Meta wins AI copyright case, European claim construction, US patent injunctions and face protection in Denmark

EPO Enlarged Board of Appeal clarifies claim construction – yes you do need to consult the specification to interpret the claims: IPKat; Cooley; Pinsent Masons Meta wins summary judgment win in AI training copyright lawsuit – but still plenty of room for copyright owners to…

‘Lean in’ to IP disputes, don’t trip on your own fancy footwork

Trink Tank tried to pre-empt a claim for trade mark infringement and ended up being out-maneuvered and it cost them a lot more money. Take some time to think through your strategy and ‘lean in’ to the dispute to resolve it. (Do we have a…

AI training and copyright fair use

The long-awaited Anthropic “Claude” AI training, copyright fair use judgment has just been issued in the Northern District of California, USA. Here are some important takeaways for business owners: It goes without saying that you should respect copyright and lawfully acquire any copyrighted material for…

IP Update: shoe surgery, don’t wait to IPR and $218m verdict reversed with loss of patents

Nike settles trade mark dispute with “Shoe Surgeon” Dominic Ciambrone over his high end customised shoes. He’s apparently allowed limited customization with removal of any Nike IP. StupidDope; SGB Media; hypebeast; USPTO (Acting) Director comes up with a new way to deny Inter Partes Review…