Tom Cordiner QC
- Commercial Law Intellectual Property
- Public Law
Tom is also a registered Australian Patent Attorney and Trade Marks Attorney. He is currently ranked by respected peer review publication Doyle's Guide Victoria and Doyle’s Guide Australia for this area of law.
Tom has both conducted, and been junior in, numerous trials and interlocutory disputes, predominantly in the Federal Court. He also regularly provides written advice and, where appropriate, oral advice in his areas of practice.
Prior to joining the Bar, Tom was a solicitor with Ashurst (then Blake Dawson Waldron). During that time he was a patent, trade marks, copyright and administrative law litigator and commercial/intellectual property lawyer. He became a patent attorney and trade marks attorney while with the firm. In 2002, Tom held an extended secondment with GE Capital Finance Australia Pty Ltd where he built on his skills in trade practices law and general commercial law.
Tom contributes quarterly to the specialist law journal, IP Forum and has taught post graduate intellectual property at Monash University and Melbourne University. He has also been invited to speak at various patent attorney and lawyer conferences/continuing legal education courses.
Liability limited by a scheme approved under Professional Standards legislation
Contact
- P03 9225 6965
- F03 9225 8668
- E[email protected]
- Connect on Linkedin
- Download VCard
Castan Chambers
Level 13 Room 17
460 Lonsdale Street
Melbourne VIC 3000
Jane King
03 9225 8558
Expertise
- Competition
- Consumer Law
- Contractual Disputes
- Appellate
- Confidential Information
- Copyright & Designs
- Information Technology
- Media & Entertainment
- Patents
- Privacy & Data Protection
- Telecommunications
- Trade Marks
- Administrative Law
Qualifications
Bachelor of Science (Hons)
Bachelor of Laws (Hons)
Patent Attorney & Trade Marks Attorney
Victoria
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
Recent Cases
Streetworx v Artcraft Urban Group – infringement and revocation – street lighting – Federal Court
Blue Gentian LLC v Product Development Group – infringement and revocation – expandable hose (X-Hose v Pocket Hose) – Federal Court
Pacific Enterprises (Aust) Pty Ltd v ASSA ABLOY Australia Pty Limited – opposition to validity – window winders – Patent Office
Merck Sharp & Dohme Corporation v Ono Pharmaceutical – infringement and revocation – Keytruda – antibodies to PD-1 in treatment of cancer – Federal Court
GlaxoSmith Kline v Generic Partners – infringement and revocation (interlocutory injunction) – sustained release paracetamol – Federal Court
Les Laboratoires Servier v Apotex and Generic Partners – infringement and revocation – gliclazide – Federal Court
Merial Limited v Bayer New Zealand Limited – appeal from opposition – equine drug – Federal Court
Apotex Pty Limited v Pfizer Ireland Pharmaceuticals – revocation and infringement – Viagra – Federal Court
D’Arcy v Myriad Genetics Inc – patentability of gene sequences – High Court (amicus)
Meat & Livestock Australia Limited and Dairy Australia v Cargill Inc and Branhaven LLC – opposition to grant – use of single nucleotide polymorphisms for inferring bovine traits – Patent Office
DSM Nutritional Products v Suntory Holdings Limited – appeal from opposition – methods for producing unsaturated fatty acid-containing oils – Federal Court
Suntory Holdings Limited v Commissioner of Patents – amendment to patent – judicial review of decision of Commissioner – Federal Court
Spirit Pharmaceuticals Pty Ltd v Mundipharma Pty Ltd – extension of term – oxycodone – Federal Court
Ronneby Road Pty Ltd v ESCO Corporation – appeal from opposition – wear assemblies for excavating equipment – Federal Court
Innovia Pty Ltd v De La Rue International Limited – opposition to validity – optical security devices – Patent Office
Formula One Pty Ltd v Omniform Pty Ltd – infringement and revocation – safety screen lifting system – Federal Court
Brooke & McKenzie Pty Ltd v Elgra Pty Ltd – infringement and validity – post drivers – Federal Court
Sealed Air Corporation v Kureha Corporation – opposition to grant – heat shrinkable multilayer film for food wrapping – Patent Office
Bayer Pharma AG v Genentech Inc – infringement and revocation – service outside Australia including claims for overseas conduct – Method for treating intraocular neovascular diseases – Federal Court
Novartis AG v Hospira Pty Ltd – infringement and revocation (interlocutory injunction) – Zoledronic acid - methods of treatment – Federal Court
Securency International Pty Ltd v De La Rue International Limited – opposition – optical security devices for documents – Patent Office
Alpinestars SPA v Xceed Holdings Pty Ltd – opposition – safety neck device – Patent Office
CSL Limited and Monash University v Novo Nordisk Pharmaceuticals Pty Ltd - infringement and revocation - pharmaceutical – Federal Court
CSL Limited and Monash University v Novo Nordisk Pharmaceuticals Pty Ltd – discovery of documents relevant to application to amend patent – Federal Court
CSL Limited and Monash University v Novo Nordisk Pharmaceuticals Pty Ltd – discretion to amend patent – Federal Court
CSL Limited and Monash University v Novo Nordisk Pharmaceuticals Pty Ltd – application to use documents in overseas proceeding - Federal Court
Hospira Australia Pty Ltd v Aventis Pharma – infringement/revocation – taxotere – interlocutory application - Federal Court
F&T Spagnolo Pty Ltd v Trevor Ledgard Pty Ltd & Ors – infringement - mechanical agriculture – Federal Court
Meda Pharma Gmbh v Sosei R&D Ltd – opposition – pharmaceutical – Patent Office
Motocaddy Limited v Protégé Sports Pty Ltd – infringement/ownership – mechanical sports - Federal Court
KerryJ Investment Pty Ltd v Xiamen Fengwei Energy Technology Co. Ltd – infringement and revocation – mechanical solar – Federal Court
Holcim (Australia) Pty Ltd v Hales – infringement and revocation – mechanical plumbing – Federal Court
BLH Engineering and Construction Pty Ltd v Pro 3 Products Pty Ltd – unjustified threats/infringement – mechanical mining – Federal Court
University of Western Australia v Gray - invention ownership case - Special leave to the High Court
B. Braun Melsungen AG v Terumo Corporation - infringement/revocation - mechanical medical – Federal Court
Mycogen Plant Science Inc v Monsanto Australia Pty Ltd - infringement/revocation - genetics - Federal Court
Biotal ltd v. Grevillia Technologies Pty Ltd - infringement/ revocation - micro-organism - Federal Court
Stacey Brothers Plumbing Pty Ltd v Waterco Ltd - infringement - mechanical plumbing – Federal Court
Anaid Nominees Pty Ltd v G&G Mining Fabrication Pty Ltd - infringement - mechanical mining - Federal Court
Conor Medsystems v University of British Columbia & Anor – infringement/revocation – mechanical medical – Federal Court
Bushland Pty Ltd v Majestic Selections Pty Ltd – infringement – Federal Court
Graham's Factree Pty Ltd v Oak Enterprises Pty Ltd – infringement – Federal Court
Seedco Ltd v Downes - ownership – Federal Court
Fleming's Nurseries Pty Ltd v. Siciliano - infringement - Federal Court
Verrocchi v Direct Chemist Outlet Pty Ltd – trade practices – Federal Court
Trusted Cloud Pty Ltd v Core Desktop Pty Ltd – confidential information, copyright and trade practices – Federal Court
Insight Radiology v Insight Clinical Imaging Pty Ltd – trade marks infringement and revocation – Federal Court
Seafolly Pty Limited v Fewstone Pty Ltd – copyright in swimwear artwork – Federal Court
Australia Post Corporation v Digital Post Australia – trade mark infringement – Federal Court
Telstra Corporation v Phone Book Directories Pty Ltd – trade mark and copyright infringement – Federal Court
Phone Directories Company Pty Ltd v Telstra Corporation – trade mark opposition – Federal Court
Attachmate Inc v The Commonwealth of Australia – infringement - s.183 – Federal Court/Copyright Tribunal
CUB Pty Ltd v Elixir Signature Pty Ltd – 54 non-use applications and 9 oppositions to registration – heritage beer marks – Trade Mark Office
Facton Ltd (G-Star) v Toast Sales – trade mark and copyright infringement– Federal Court
Facton Ltd (G-Star) v Mish Mash Clothing Pty Ltd – trade mark and copyright infringement – Federal Court
Red Bull GmbH v U.B. Natural Pty Ltd – trade mark infringement – Federal Court
Fiorina Jewellery Pty Ltd v American Gemstone Pty Ltd – copyright infringement – jewellery – Federal Court
Sports Warehouse Inc v Fry Consulting Pty Ltd - trade mark - appeals from opposition "Tennis Warehouse" - Federal Court
Fry Consulting v Sports Warehouse- trade mark - appeals from opposition "Tennis Warehouse Australia" - Federal Court
Warner-Lambert Company v Cardinal Health Inc. - privilege in communications with expert – Patent Office
Deckers Corporation Inc v Farley - trade mark/copyright infringement, passing off - Ugg Boots Australia
Felix v The Commonwealth of Australia (ADF) and Spotless P&F Pty Ltd - defamation - Supreme Court
Axe Australasia Pty Ltd v Australume Pty Ltd - designs infringement - lights - Federal Court
Valpro Pty ltd v Haigh Australia Pty Ltd - trade mark infringement - misleading and deceptive conduct - Federal Court
Auskay International Manufacturing & Trade Pty Ltd v Qantas Airways Ltd & Ors - class action anti-cartel - air cargo - trade practices
Fleming's Nurseries Pty Ltd v Siciliano - trade practices, third line forcing - Federal Court
Boost Digital Pty Ltd v Centrebet Pty Ltd – breach of contract – Federal Court
Blackmagic Pty Ltd v Overliese & Ors - misuse of confidential information - Full Federal Court
Visy Packaging Pty Ltd v Siegwerk Australia Pty Ltd – product liability for failed cans – Federal Court
United Petroleum Pty Ltd and Independent Fuels Pty Ltd v Pre-Logic Pty Ltd; D and P Fuels Pty Ltd and Rodney Booth - misuse of confidential information - Supreme Court
FH Faulding Co Ltd v Ranbaxy Laboratories Ltd - contract - Supreme Court
Rothfield v Thoroughbred Racehorse Owners Association Inc - association - Supreme Court
P&V Industries Pty Ltd v la Trobe Capital Finance Ltd - managed investment schemes - Federal Court
P&V Industries Pty Ltd v Secombs (a firm) - professional negligence - Supreme Court
P&V Industries Pty Ltd v Porto & Ors - breach of fiduciary duties by director - Supreme Court
Wytell Pty Ltd v Glowinski - commercial tenancy - VCAT
Walsh & Anor v Cannon & Ors (Legal practice) - wills and probate - trade practices - VCAT
Novawest Contracting Pty Ltd v Indevelco Pty Ltd - County Court - building contract; Supreme Court - insolvency - examination
Cathay Pacific v The Assistant Treasurer and Minister for Competition Policy and Consumer Affairs & Auskay International Manufacturing & Trade Pty Ltd - s.5 of TPA permission - Federal Court
Raptis Fishing Licence Pty Ltd v Australian Fisheries Management Authority - fishing permits - Statutory Fishing Rights Allocation Review Panel
Bahonko v Nurses Board of Victoria - discrimination - Federal Court
Numerous migration law cases. Migration - Federal Court
Memberships
Commercial Bar Association, IP and Trade Practices Section, Assistant Secretary
Intellectual Property Society of Australia and New Zealand (IPSANZ)
Institute of Patent and Trade Mark Attorneys (IPTA)