Bilski v Kappos : The United States Supreme Court delivers mixed views on patenting non-physical inventions and business methods

The United States Supreme Court has handed down a once in a generation patent law decision that will have important ramifications for the patentability of non-physical methods, both internationally and in Australia. In Bilski v Kappos, the Supreme Court considered whether an invention must either be tied to a machine or apparatus, or transform an article into a different state or thing to be patentable. It also considered for the first time whether business methods are patentable subject matter. The decision will be of particular interest to practitioners who followed the litigation in Grant v Commissioner of Patents, a Federal Court decision in which a Brisbane-based inventor was denied a patent over a method of protecting an asset from the claims of creditors.

Caveat today gone tomorrow : Applying to the Supreme Court to Remove a Caveat

While there are many reasons why a client may seek removal of a caveat (which retains an interest in land or water allocation), the procedures involved require careful adherence.

Supreme Court Decision Results in a Change to Standard Contracts

The decision of Dalton J in Lai v Soineva [2011] QSC 247 has resulted in a change in the latest versions of the Real Estate Institute of Queensland (REIQ) contracts.

Supreme Court Act 1995 (Qld) s 253 – whether refusal to stay execution of costs is an order “as to costs only”

In Virgtel Ltd v Zabusky [2009] QCA 92 the Queensland Court of Appeal considered the scope of an order “as to costs only” within the meaning of s 253 of the Supreme Court Act 1995 (Qld) (‘the Act”). The Court also declined to accept submissions from one of the parties after oral hearing, and made some useful comments which serve as a reminder to practitioners of their obligations in that regard.

Supreme Court Act 1995 (Qld) s 253 - leave to appeal costs orders - appeal against substantive judgment insufficient - must be arguable case that discretion will be overturned on appeal

The recent decision of the Court of Appeal in AGL Sales (Qld) Pty Ltd v Dawson Sales Pty Ltd [2009] QCA 262 provides clear direction on the Court’s expectations of a party seeking leave to appeal a costs order.This decision is likely to impact upon common practice in relation to appeals against costs orders. It sends a clear message to trial judges that they should not give leave as of course when giving a judgment in relation to costs, and that parties seeking leave under s 253 of the Supreme Court Act 1995 (Qld) should make a separate application. The application should be supported by material presenting an arguable case that the trial judge made an error in the exercise of the discretion of the kind described in House v King (1936) 55 CLR 499. A different, and interesting, aspect of this appeal is that it was the first wholly electronic civil appeal. The court-provided technology had been adopted at trial, and the Court of Appeal dispensed with any requirement for hard copy appeal record books.

Supreme Court Act 1995 s48 - Interest on judgment for damages for personal injuries

The case of Flynn v The Maryborough Sugar Factory Limited [2003] QDC 446 the plaintiff had been awarded damages for personal injuries and there was a charge on those damages under a Commonwealth statute, with a provision in the statute that damages could not be satisfied until the Commonwealth had been paid. The Court considered the point of considerable practical significance of whether interest accrued on the judgment under s48 of the Supreme Court Act 1995 (Qld) before the defendant had obtained clearances under the Commonwealth legislation.

Australian court holds Google is responsible for linking to defamatory website

The South Australian Supreme Court this week found that Google is legally responsible when its search results link to defamatory content on the web. In this long-running case, Dr Janice Duffy has been trying for more than six years to clear her name and remove links to defamatory material when people search for her using Google. The main culprit is the US based website Ripoff Reports, where people have posted negative reviews of Dr Duffy. Under United States law, defamation is very hard to prove, and US websites are not liable for comments made by their users. Since it was not possible to get harmful or abusive comments removed from the source, Dr Duffy instead asked Google to remove the links from its search results. Google removed some of these links, but only from its Australian domain (google.com.au), and it left many of them active. This latest court decision is a big win for Dr Duffy. The court found that once Google was alerted to the defamatory material, it was then under an obligation to act to censor its search results and prevent further harm to Dr Duffy’s reputation.

Fragment of Manuscript Minutes of Congregation Beth Elohim, Charleston, South Carolina

Digital image

Economic Impacts of Aquatic Vegetation to Angling in Two South Carolina Reservoirs

Angler creel surveys and economic impact models were used to evaluate potential expansion of aquatic vegetation in Lakes Murray and Moultrie, South Carolina. (PDF contains 4 pages.)

Longevity and Persistence of Triploid Grass Carp Stocked into the Santee Cooper Reservoirs of South Carolina

This study evaluated longevity and population persistence of 768,500 triploid grass carp (Ctenopharyngodon idella Valenciennes) stocked in the 70,000-ha Santee Cooper system in South Carolina from 1989 through 1996 to control hydrilla (Hydrilla verticillata (L.f.) Royle).

Population response of triploid grass carp to declining levels of hydrilla in the Santee Cooper Reservoirs, South Carolina

Approximately 768,500 triploid grass carp ( Ctenopharyngodon idella Valenciennes) were stocked into the Santee Cooper reservoirs, South Carolina between 1989 and 1996 to control hydrilla ( Hydrilla verticillata (L.f.) Royle). Hydrilla coverage was reduced from a high of 17,272 ha during 1994 to a few ha by 1998. During 1997, 1998 and 1999, at least 98 triploid grass carp were collected yearly for population monitoring. Estimates of age, growth, and mortality, as well as population models, were used in the study to monitor triploid grass carp and predict population trends. Condition declined from that measured during a previous study in 1994. The annual mortality rate was estimated at 28% in 1997, 32% in 1998 and 39% in 1999; however, only the 1999 mortality rate was significantly different. Few (2 out of 98) of the triploid grass carp collected during 1999 were older than age 9. We expect increased mortality due to an aging population and sparse hydrilla coverage. During 1999, we estimated about 63,000 triploid grass carp system wide and project less than 3,000 fish by 2004, assuming no future stocking. management, population size Ctenopharyngodon idella, Hydrilla

Pilot investigation of remote sensing for intertidal oyster mapping in coastal South Carolina: a methods comparison

South Carolina’s oyster reefs are a major component of the coastal landscape. Eastern oysters Crassostrea virginica are an important economic resource to the state and serve many essential functions in the environment, including water filtration, creek bank stabilization and habitat for other plants and animals. Effective conservation and management of oyster reefs is dependent on an understanding of their abundance, distribution, condition, and change over time. In South Carolina, over 95% of the state’s oyster habitat is intertidal. The current intertidal oyster reef database for South Carolina was developed by field assessment over several years. This database was completed in the early 1980s and is in need of an update to assess resource/habitat status and trends across the state. Anthropogenic factors such as coastal development and associated waterway usage (e.g., boat wakes) are suspected of significantly altering the extent and health of the state’s oyster resources. In 2002 the NOAA Coastal Services Center’s (Center) Coastal Remote Sensing Program (CRS) worked with the Marine Resources Division of the South Carolina Department of Natural Resources (SCDNR) to develop methods for mapping intertidal oyster reefs along the South Carolina coast using remote sensing technology. The objective of this project was to provide SCDNR with potential methodologies and approaches for assessing oyster resources in a more efficiently than could be accomplished through field digitizing. The project focused on the utility of high-resolution aerial imagery and on documenting the effectiveness of various analysis techniques for accomplishing the update. (PDF contains 32 pages)

Magnitude and extent of sediment toxicity in selected estuaries of South Carolina and Georgia

Toxic chemicals can enter the marine environment through numerous routes: stormwater runoff, industrial point source discharges, municipal wastewater discharges, atmospheric deposition, accidental spills, illegal dumping, pesticide applications and agricultural practices. Once they enter a receiving system, toxicants often become bound to suspended particles and increase in density sufficiently to sink to the bottom. Sediments are one of the major repositories of contaminants in aquatic envronments. Furthermore, if they become sufficiently contaminated sediments can act as sources of toxicants to important biota. Sediment quality data are direct indicators of the health of coastal aquatic habitats. Sediment quality investigations conducted by the National Oceanic and Atmospheric Administration (NOAA) and others have indicated that toxic chemicals are found in the sediments and biota of some estuaries in South Carolina and Georgia (NOAA, 1992). This report documents the toxicity of sediments collected within five selected estuaries: Savannah River, Winyah Bay, Charleston Harbor, St. Simons Sound, and Leadenwah Creek (Figure 1). (PDF contains 292 pages)

Genetics in Aquaculture: Proceedings of the Sixteenth U.S.-Japan Meeting on Aquaculture Charleston, South Carolina October 20 and 21, 1987

The United States and Japanese counterpart panels on aquaculture were formed in 1969 under the United States-Japan Cooperative Program in Natural Resources (UJNR). The panels currently include specialists drawn from the federal departments most concerned with aquaculture. Charged with exploring and developing bilateral cooperation, the panels have focused their efforts on exchanging information related to aquaculture which could be of benefit to both countries. The UJNR was begun during the Third Cabinet-Level Meeting of the Joint United States-Japan Committee on Trade and Economic Affairs in January 1964. In addition to aquaculture, current subjects in the program include desalination of seawater, toxic microorganisms, air pollution, energy, forage crops, national park management, mycoplasmosis, wind and seismic effects, protein resources, forestry, and several joint panels and committees in marine resources research, development, and utilization. Accomplishments include: Increased communication and cooperation among technical specialists; exchanges of information, data, and research findings; annual meetings of the panels, a policy-coordinative body; administrative staff meetings; exchanges of equipment, materials, and samples; several major technical conferences; and beneficial effects on international relations. (PDF file contains 88 pages.)