Grant Fisher - Blake Dawson

Grant Fisher is a registered patent attorney and lawyer practising in the field of intellectual property for over 17 years. Grant Fisher is the practice leader of the Intellectual Property, Competition and Technology group. Grant Fisher has a degree in science with a major in chemistry. Grant Fisher’s practice focuses on patent oppositions, infringement and revocation proceedings before the Federal Court of Australia, particularly in the biotechnology, pharmaceutical and chemical fields. Grant Fisher frequently provides strategic advice on freedom to operate, patent revocation and enforcement to major biotech and pharmaceutical companies.

Grant Fisher has dealt with patent cases across a wide range of technologies, including stents, PDEV inhibitors, plant genetics, TNF inhibitors, signalling proteins and growth factors, vitamins, regulators of tissue growth, DNA polymerase, small molecules, including inhibitors and antagonists, gene sequences, sperm preservation, safety apparatus, refrigeration apparatus, water irrigation apparatus and packaging technology.

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Blake Dawson - Consequences of a finding of a lack of novelty of an independent claim not applying to dependent claims

Felicity Dougherty and Grant Fisher of Blake Dawson reviews E I Du Pont de Nemours & Co v Imperial Chemical Industries Plc [2007] FCAFC 163, an important decision on issue estoppel for patent prosecutions. According to Felicity Dougherty and Grant Fisher, in circumstances where an independent claim of a parent patent application was held to be anticipated, divisional applications (which were amended to avoid the independent claim and rely only on dependent claims) were not automatically considered to be anticipated.

Felicity Dougherty and Grant Fisher note that this case is a reminder to those opposing a patent on the basis that it has been anticipated to ensure that the novelty of all claims is addressed. Importantly, an estoppel on the basis of a finding of anticipation, for example, for related divisional applications, will only cover the claim or claims in respect of which the finding of lack of novelty was made.

Blake Dawson - Consequences of a finding of a lack of novelty of an independent claim not applying to dependent claims

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Blake Dawson IP

Blake Dawson’s Intellectual Property team comprises the foremost legal experts in this field in Australia. Blake Dawson’s award winning team provides a complete range of contentious and non-contentious specialist intellectual property services. Blake Dawson is one of the few Australian law firms which provide a completely integrated full service intellectual property offering. Their team is able to register, commercialise and enforce any intellectual property (IP) right. Blake Dawson’s technical skills in IP to provide the best strategic advice to local and international companies operating in the pharmaceutical, manufacturing, publishing, food, media, financial services, airline, life sciences, chemistry, electronics, computer engineering, mining and engineering sectors.

Chambers Global, 2007 stated that Blake Dawson’s “team has a strong practice across the board”, while Chambers Global, 2006 commented that “Clients get a lot of attention, no stone is left unturned”. Asia Pacific Legal 500, 2006/2007 also noted Blake Dawson’s strong client base: “The firm acts for a long list of companies, including many globally famous brands, as well as government bodies, life sciences organisations and research institutes”. In the Managing Intellectual Property World IP Survey, 2006 the Blake Dawson IP practice received recognition in all categories: patent prosecution, patent contentious, trade mark/copyright contentious, and trade mark prosecution. They have a first-tier ranking in IP, IT and Communications and Media from Asia Pacific Legal 500, 2006/2007 and in PLC Which Lawyer? Yearbook, 2006. Blake Dawson’s life sciences practice has received particular accolades. They are judged to be a leader in Life Sciences (all categories) in PLC Cross-border Handbooks, 2006/2007. Interviewees for Chambers Global, 2007 singled out the life sciences sector as an area of “overwhelming strength” for our practice.

Blake Dawson is one of only three Australian firms listed in the top 20 IP practices in the Global Intellectual Property Super League Tables, 2006. Three of the firm’s IP partners were named in the Legal Media Group Guide to the World’s Leading Trade Mark Law Practitioners, 2007.
Our perspective

Blake Dawson’s Intellectual Property practice offers Australian and international clients a full range of intellectual property services, including:
* Advising on identification, protection and management of patents, trade marks, designs and plant breeders’ rights, and related services such as drafting, filing, prosecution, opposition and strategic portfolio management
* Negotiating and drafting a full range of IP agreements, including agreements regarding commercialisation, research and development, licensing, distribution, franchising, sponsorship, joint venture and international technology transfer
* Advising on copyright, confidential information, passing off and unfair competition
* Enforcing all IP rights, including conducting IP litigation and alternative dispute resolution and developing anti-counterfeiting strategies.
* Advising on marketing, advertising and promotions and on sponsorship and merchandising agreements
* Advising on food, pharmaceutical, therapeutic goods and agricultural and veterinary chemicals regulation.

Blake Dawson’s recent Intellectual Property experience includes:

* World’s first vaccine against cervical cancer - Blake Dawson acted for CSL Limited in the Federal Court of Australia in a dispute concerning the world’s first vaccine against cervical cancer. The dispute was satisfactorily resolved. CSL subsequently successfully applied to the PBAC and federal government to annually vaccinate all Australian females aged 12 and to conduct catch up vaccinations over a two year period.
* Gambro v Fresenius - Blake Dawson acted for Gambro in its long running patent litigation against Fresenius Medical Care relating to haemodialysis systems and disposables in Australia. We represented Gambro in victories on infringement and validity in the Federal Court at first instance and before the Full Court on appeal. We also successfully defended Fresenius’s application for special leave to appeal to the High Court of Australia. Blake Dawson is currently acting for Gambro in the damages phase of the case.
* Conor Med Systems Inc v Angiotech & UBC - Blake Dawson acted for Conor who sought revocation of patents held by Angiotech Pharmaceuticals, Inc and the University of British Columbia over taxol-coated stents in the Federal Court. This was the first case to consider whether the inclusion of an additional patentee, who has no entitlement to the claimed invention, renders the patent liable to be revoked under section 138(3)(a) of the Patents Act 1990.

IP Partners at Blake Dawson

Peter Chalk
David Clark
Belinda Findlay
Grant Fisher
Ben Miller
Mary Padbury
Lisa Ritson

Senior Associates at Blake Dawson

Annika Barrett
Anita Cade
Karen Gettens
Natalie Hazel
Joanna Lawrence
Nik Ramchand
Kellech Smith
Melinda Upton

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Music licensing fees for nightclubs and dance parties increase by 1400%

Grant Fisher and Henrietta Zeffert of Blake Dawson report on the decision by the Australian Copyright Tribunal under Justice Emmett which approved an application by the Phonographic Performance Company of Australia for an increase in music licence fees paid by nightclubs and dance parties by over 1400%. Whether artists will actually get fairer compensation for their talents under the new licensing scheme is not clear.

Link to Music licensing fees for nightclubs and dance parties increase by 1400%

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Establishing spill over reputation: the NORDSTROM decision

Having a well known trade mark overseas does not necessarily guarantee registration of the mark in Australia.

Chian Kee and Grant Fisher of Blake Dawson report on a recent hearing at the Australian Trade Marks Office of Nordstrom Inc [2007] ATMO 24�(30 April 2007), US department store chain Nordstrom Inc was unsuccessful in its attempt to register the trade mark NORDSTROM in respect of �clothing, footwear, headgear, hats, gloves, scarves, shawls, belts, hosiery and socks� in light of a prior registered mark in the name of Starite Distributors Pty Ltd.

Link to Establishing �spill over� reputation: the NORDSTROM decision

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AFR - Biotech, pharmaceutical boom spurs poaching

AFR reports that Davies Collison Cave and FB Rice have made a personnel raise on the Melbourne intellectual property section of Blake Dawson Waldron as work in patent and intellectual property law in biotechnology and pharmaceutical products continue to boom.

Bill Pickering of Blake Dawson Waldron Patent Services will move to Daviees Collison Cave. Dr Pickering’s specialty is drafting, filing and the prosecution of patent applications in biotechnology and medicinal chemistry.

Karin Innes and Damian Slizys will move to FB Rice.

Grant Fisher of Blake Dawson Waldron said that “there has been an upswing in litigation in life sciences, particularly pharmaceutical patent litigation … there sem to be more cases between generic and original manufacturers of pharmaceuticals”. Mr Fisher said that “increasing patent litigation reinforced the advantages of having technically knowledgeable patent attorneys in close proximity to legally qualified specialists in intellectual property litigation within one practice”.
AFR - Biotech, pharmaceutical boom spurs poaching (20 July 2007)

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