Claudia Newman-Martin, Author at King & Wood Mallesons Pulse

An Eligible Patent? It’s a Divisive Issue

18 July 2012

Despite recent Supreme Court authority on the issue, a judgment of the US Federal Circuit handed down on 9 July 2012 reveals that the test for patent eligibility is far from settled in the United States.

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London Olympics warns that ambush marketers will be caught with their pants down….again

11 July 2012

By Claudia Newman-Martin

Who could forget the 2006 FIFA World Cup match when fans of the Netherlands were forced to remove their lederhosen, covered with Bavaria Brewery’s branding, because Budweiser was the official beer sponsor of the event?

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A Rare Moment of Agreement in Europe: Paris to host Unitary Patent Central Court

3 July 2012

By Claudia Newman-Martin

In a rare moment of consensus in Europe, last week EU member states agreed to create a Unitary Patent Central Court accompanied by two sector specific Courts.

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Fashionistas challenge Louboutin’s sole rights to red sole shoe – Louboutin asserts its claim to red is not yet dead

21 June 2012

By Claudia Newman-Martin

Last week the French Court of Appeal ruled that Zara could continue to sell shoes with red soles without infringing Louboutin’s “Red Sole Trade Mark”.

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Some good news and some bad news for copyright owners

29 March 2012

By Claudia Newman-Martin

On 28 March 2012 the High Court handed down a copyright case in which the plaintiffs – including Sony Music, Warner Music, EMI Music and Universal Music – sought to immunise their copyright from the 1% cap on royalties imposed by the Copyright Tribunal’s compulsory licensing scheme.

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Another Attempt to Discourage Pay-For-Delay Agreements

6 March 2012

By Claudia Newman-Martin

In an era in which governments are attempting to move legal disputes out of the courtroom and encouraging mediation wherever possible, it is unusual to see a Bill which would prevent companies from settling legal disputes.

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More news from Canberra: amendments to IP laws passed by Senate

2 March 2012

By Claudia Newman-Martin

You would be forgiven for having missed this news given everything else that was happening in Canberra this week, but the Intellectual Property Laws Amendment (Raising the Bar) Bill 2011 was passed by the Senate on 27 February 2012.

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California Supreme Court agrees to hear challenge to Bayer’s pay-for-delay agreement

21 February 2012

By Claudia Newman-Martin

On Wednesday 15 February 2012 the California Supreme Court agreed to consider whether pharmaceutical company Bayer Corporation has violated California’s antitrust (competition) laws by entering a ‘pay-for-delay’ agreement with would be generic manufacturers of Cipro, an antibiotic.

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