Patents, designs, copyright
Physics, electronics, software, optics, mechanics
- Drafting and prosecuting patents and designs
- Contentious patent, design and copyright matters
- IPONZ proceedings, including oppositions
- Infringement and invalidity proceedings
Oliver advises local and foreign clients regarding patent and design protection, searching, risk assessment and risk management. He also practises in copyright law.
Oliver drafts patent specifications and prosecutes patent applications for a range of local and international clients, including local start-ups and several large international corporations.
Oliver’s technical background includes research in semiconductor physics and optical instrumentation at the University of Canterbury and Cornell University, USA.
Oliver has been involved with numerous patent oppositions and other contentious proceedings in the Intellectual Property Office of New Zealand, including several appeals to the High Court. He has managed large opposition programs for major clients including one program of over 20 patent oppositions. He has also appeared in IP infringement cases in the High Court.
Significant recent cases include:
Compudigm International Ltd and Bally Technologies Inc v Cardno  NZIPOPAT 31 (13 December 2013). Successfully resisted an application seeking transfer of ownership from the inventor (our client) to a company claiming to have purchased the application from his former employer. Our application for correction of ownership details was also successful and indemnity costs were awarded in our client’s favour. Significant as the first exercise of the “proviso” under Section 65 of the Patents Act 1953, and the first successful application for indemnity costs in the New Zealand Patent Office.
Hasan v Ministry of Health  NZIPOPAT 2 (9 February 2012). A successful patent opposition relating to communication of healthcare data. Significant for its introduction of new principles in relation to insufficiency into New Zealand law.
Seahorse Equipment Limited v Brand Developers Limited  NZIPOPAT 3 (9 February 2012). Patent opposition successfully resisted.
Brand Developers v Ezibuy, Action Sports & Fitness and others CIV-2010-404-007593  NZHC 50 (4 February 2011). Against the norm we successfully defended an interim injunction application alleging registered design and copyright infringement.
New Zealand Open Source Society v Microsoft Corporation, concluded 2011. Successful opposition in relation to the use of XML in word processing software, forcing Microsoft to withdraw its patent application in New Zealand and overseas.
Assa Abloy New Zealand Limited v Aluminium Systems NZ Limited HC Wellington CIV 2010-485-2  NZHC 1014 (13 April 2010). A successful appeal from a Commissioner’s decision refusing Assa Abloy’s patent opposition.
The Sporting Exchange Limited v New Zealand Racing Board  NZIPOPAT 29 (20 December 2010). Patent opposition relating to betting exchange systems.
Assa Abloy Financial Services AB v Miles Nelson Manufacturing Co Limited CIV-2009-404-004913. Successful patent infringement action concluded by a consent injunction.