Jacob Flynn, Author at King & Wood Mallesons Pulse

Special leave in Aristocrat refused: Australia’s approach to patentability of CIIs settled

11 February 2026

By Suzy Madar, Kate Hay, Jacob Flynn, Rowan Tan

Following the High Court’s refusal of special leave to the Commissioner of Patents on 5 February 2026, Australia now has a clear position on computer-implemented inventions (CIIs): the Full Federal Court’s September 2025 articulation of the test in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents[1] remains the settled law.

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Federal Court grants first preliminary injunction to pharma patentee in 7 years

28 January 2026

By Suzy Madar, Kate Hay, Matthew Swinn, Jacob Flynn, Lily McCubbin

On 5 December 2025, the Federal Court of Australia granted an interlocutory injunction restraining the launch and Pharmaceutical Benefits Scheme (PBS) listing of generic long-acting injectable (LAI) paliperidone palmitate products.

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Australia reformulates its position on patent term extensions

15 December 2025

By Matthew Swinn, Kate Hay, Suzy Madar, Jacob Flynn

The Full Federal Court of Australia has determined that pharmaceutical formulations are not eligible for patent term extension in Australia.

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From trespass to trust: the Full Court expands equitable remedies for wrongfully obtained copyright works

3 September 2025

By Kate Hay, Jacob Flynn, Emma Higgins

The Full Court has broken new ground in The Game Meats Company of Australia Pty Ltd v Farm Transparency International Ltd [2025] FCAFC 104, imposing a constructive trust over copyright in footage obtained by trespass.

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Collaborating? Here’s how to avoid a web of IP issues

22 August 2025

By Suzy Madar, Kate Hay, Jacob Flynn, Emily King

Commercial collaboration can create unbeatable opportunities for innovation and securing return on investment.

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Expert evidence blows up detonator patent litigation

25 July 2025

By Suzy Madar, Luke Hawthorne, Jacob Flynn, Lily McCubbin

In a long, but intricately reasoned first instance judgment, Australia’s Federal Court has ruled on the validity and infringement of patents relating to wireless detonators.

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Stop! In the name of interlocutory injunctions: lessons from 2024

17 March 2025

By Kate Hay, Jacob Flynn, Yui Fu

Interlocutory injunctions can be a critical tool to help protect intellectual property rights by restraining alleged infringement while a substantive infringement proceeding is run.

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Game over: guidance on technological protection measures in Australia

5 March 2025

By Kate Hay, Jacob Flynn

The Federal Court has recently clarified the circumstances in which TPMs are legally enforceable in Australia.

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Substance over form(ulations)? An update on patent term extensions

18 February 2025

By Kate Hay, Suzy Madar, Jacob Flynn

Two recent Federal Court decisions illustrate that term extensions are available for a broad range of patents, including formulation patents.

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