Patents - Our Experience

Our team has recently, and successfully, advised local and international clients on a range of matters, including:

  • Aristocrat Technologies Australia Pty Limited – advised on inventions for gaming machines. Acted in Federal Court appeal proceedings concerning a patent application for a bonus prize gaming system. Gilbert +Tobin were successful in having the decision of the Commissioner of Patents reversed
  • Barron & Rawson – provided representation in a Full Court Federal Court appeal relating to infringement and validity proceedings for reinforced water filled road safety barriers
  • InterTrust Technologies Inc – acted in Australian proceedings brought by Microsoft Corporation seeking to invalidate patents concerned with digital rights management. The strategy employed in the Australian proceedings was a key factor in the client achieving a settlement in excess of $US500 million
  • Nutricia – acting in Supreme Court proceedings in respect of the regulatory classification of certain food ingredients (oligosaccharides)
  • Pfizer – acted for Pfizer in a number of matters including the high profile Federal Court appeal concerning a challenge to the decision of the PBAC not to list Viagra on the PBS. We also acted for Pfizer in product liability proceedings concerning mechanical heart valves
  • ResMed Limited – provided representation in Federal Court proceedings in which the University of Sydney claimed infringement of patent, breach of licence agreement and certain rights in relation to ResMed patents
  • Wyeth – secured an interlocutory injunction against Sigma in relation to the launch in Australia of Sigma’s generic extended release formulation of venlafaxine hydrochloride. Sigma had adopted a novel strategy of undertaking not to list its drug under the Pharmaceutical Benefits Scheme (PBS)