Our previous news alert reported on the recent decision of the Federal Court on ownership of employee-generated intellectual property in University of Western Australia (UWA) v Gray (No 20)  FCA 498. The Federal Court dismissed UWA’s claim to ownership of intellectual property held in the name of its former employee, Dr Bruce Gray, in part on the basis that an employee can be employed to carry out research, without being employed to invent. The intellectual property in dispute was subsequently acquired by Sirtex Medical Limited (Sirtex).
In an ASX statement dated 9 May 2008, Sirtex announced that on 8 May 2008 UWA appealed against the judgement of Justice French dismissing its claims against Dr Gray. UWA and Dr Gray have not appealed the judgment in favour of Sirtex.
We will keep you informed of the progress of the appeal. For more information on UWA v Gray (No 20)  FCA 498, please see here.