ATOMO DIAGNOSTICS

GROWTH IN DEMAND FOR POINT OF CARE TESTING DRIVES LOCAL INNOVATION

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Franke Hyland were engaged by a local medical diagnostics company to establish an IP Strategy to protect their products both here and overseas.

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There are many benefits in using home or bedside blood testing over laboratory testing; including safety, decreased error rates and immediate test results. There are also many challenges when developing an approach to this sort of testing. Many firms have tried the “bits in a box” method, which are prone to high error rates. Atomo Diagnostics believe they have cracked this problem with the AtomoRapid™ test platform that integrates the multiple components necessary for performing a rapid blood test, into a simple & easy to use test device.

Franke Hyland were able to assist them in the commercialisation of the AtomoRapid™. They wanted to ensure that their innovation would be protected both here and in many places overseas. A review of existing patents and registered designs was undertaken to assist Atomo with a better understanding of their commercial position.

Point of Care in-vitro diagnostics is an intensely competitive field and Atomo needed to a strategy to develop registered designs and patents for many aspects of their inventions.

 

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MEDIKANE

DEVELOPING AUSTRALIAN TECHNOLOGY

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When technology company MediKane applied their “food as medicine” principles to the problem of what to do with the bi-products including cane sugar extraction, they discovered significant health benefits were to be gained from using an alternative process.

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MediKane is an Australian based company, dedicated to developing Australian technology and applying it to natural health products. One of their existing products, NutriKane D™, has been produced from a number of natural whole plant products including sugarcane. The process uses no chemicals and very little heat to remove sucrose from the cane (>98% of the sucrose is removed) whilst retaining many of the micronutrients including policosanols, polyphenolic antioxidants and bioavailable chromium, all of which are known to aid in BGL maintenance and insulin sensitivity. The end product has very few kilojoules, complements existing options for gut health maintenance and contributes to the maintenance of blood glucose levels.

Businesses that process sugarcane using traditional methods derive no benefit from the waste material after processing, with the fibre usually being burned. Using the MediKane model allows them to yield vastly more value from the cane and other raw materials they use.

MediKane approached Franke Hyland to help them develop an IP Strategy around their process. They wanted to develop products from natural crops and apply them globally for several specific health problems.

Franke Hyland advised them to apply for patents for a range of product applications, allowing each one to be licensed separately.

“Franke Hyland was chosen by us after very careful consideration of many factors – not least of which was the ability of the firm to understand our products and our aims. Adam Hyland is very compliant with our wishes, he listens first and then clearly explains how IP law can best be used to minimise risk. Getting a comprehensive approach to IP Protection has not only helped us with selling to larger corporations, but also assisted us with getting investment.

Another part of their service is the regular briefings they give to their clients and the guest speakers at these functions – expanding our knowledge about what’s possible.” – Rod Lewis, MediKane

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PRAISE MAYONNAISE

PRAISE SHAPES UP WITH PROTECTION FOR NEW BOTTLE DESIGN

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Australia has enjoyed the taste of Praise since 1964 when their first mayonnaise was launched. The dynamic and highly competitive nature of fast moving consumer goods (FMCG) branding means that the development of a well thought out strategy for the protection of trade marks and designs is now more important than ever.

Goodman Fielder is a leading food company across Australia, New Zealand and Asia Pacific. One of their flagship brands is the Praise Mayo range of salad dressings. Achieving a competitive advantage in the FMCG sphere is not simply about pricing and special offers. From taste and nutritional value to placement and presentation; the entire consumer experience needs to be carefully planned and managed. With the rise in popularity and quality of “home brands” from major players such as Woolworths and Coles, brand managers have found it increasingly necessary to stand out from the crowd.

Intellectual property law specialists Franke Hyland were consulted to prepare an intellectual property strategy to enable the Praise Mayo brand to stand out from their competitors. Franke Hyland devised an IP protection approach that reviewed all aspects of the product into account, including the registration of Praise’s unique bottle design. Franke Hyland played an integral role in the product development cycle.

This approach took many aspects of protection into account such as which components of the designs were protectable, a review of the competitive landscape and a strategy to monitor and protect the new design from potential infringements.

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BILOCK KEY SYSTEM

PATENT PROTECTION IS A KEY COMPONENT OF PRODUCT DEVELOPMENT STRATEGY

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The long established Australian innovator Australian Lock Company views protection of their intellectual property as a crucial element of their success.

When Master Locksmith Brian Preddey invented BiLock in the early 1980’s, he could not have imagined that his dual bladed, pick resistant locking system would one day secure facilities stretching from the Stock Exchange in Kuwait City to the Sahara Casino in Las Vegas, the Federal Treasury in Canberra and numerous installations throughout the world.

Australian Lock Company is an innovator in the field of high security locks. It achieved patent protection over the inventive advances that it made in the development of its original BiLock cylinder designs. The Company went on to obtain further patent protection over other core features. Their patent portfolio extends internationally and reflects the company’s ongoing commitment to research and development of its entire range of products.

Intellectual property law specialists Franke Hyland play an integral role in Australian Lock Company’s product development cycle. They maintain an IP Strategy to identify and develop patents to cover the constantly improved designs of the BiLock.

Australian Lock Company’s agreements with their customers and representatives around the world require that the unique features of their product range are covered by tight intellectual property protection.” says Peter Franke, a partner at Franke Hyland.

Incorporating new and improved components of their product lines has allowed them to greatly extend the conventional patent lifetimes – future proofing the commercialisation of their ideas.

“We have been using Franke Hyland’s services for a number of years now. Long term, good working relationships with suppliers is extremely important to us, particularly when there needs to be a high level of understanding about what we do. At times I believe Peter Franke knows almost as much about the workings of our products as I do. We had been using a large IP law firm previously – but they did not seem to have the willingness or ability to recognise the unique aspects of our mechanisms. Franke Hyland really grasp what’s important and are an integral part of our competitive edge.” – Garry Etchells, Australian Lock

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VIRTUAL JEFF

SINGLE WHAMMY STRIKES A CHORD WITH GUITARISTS GLOBALLY

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Australian product developer and manufacturer, FOMOFx, move to protect their intellectual property by engaging Intellectual Property Law specialists Franke Hyland.

Musician Peter Walker played, toured and did sessions for years before moving to the other side of the control room window as a recording engineer & producer. That allowed him to develop close working relationships with many great players, often spawning good friendships. Always a “tone hound”, he developed and built stomp boxes and pedal-board rigs for himself and others. Along the way he has been lucky enough to have premier players willing to be crash-test-dummies on gigs and in the studio.

One musical accessory that is often used by guitarists is the “whammy bar”, a lever placed below the strings that allows the artist to change the tension of the strings, altering the pitch resulting in a vibrato effect. Some of the greatest guitarists such as Jeff Beck or Jimi Hendrix have achieved their trademark sounds by using a whammy. There are many different types of whammy bar – all relying on a mechanical system to alter the string tension – but this is not always satisfactory because ultimately this degrades the tuning of the instrument and can cause strings to break more readily.

After much reflection, Peter’s company FOMOFx developed the Virtual Jeff, a whammy design that not only did away with the re-tensioning, it also allowed greater control over the pitch change and resulting effect. Moreover it could also be attached to acoustic guitars (often difficult to achieve with a mechanical design) and bass guitars.

Seeing that his invention would be in great demand, Peter sought out the help of intellectual property law specialists Franke Hyland to help him protect his idea. They initiated an IP Strategy to identify and develop patents to cover the Virtual Jeff. The protection process involved working with FOMOFx to analyse other existing whammy systems available and those already covered by patents. Franke Hyland were then able to identify various aspects of the design where patents could be developed, and filed applications for them in Australia. International protection is also being sought.

Recently the Virtual Jeff won a coveted “Best in Show” award at the 2015 National Association of Music Merchants annual convention in the US.

FOMOFx can now rely on a solid IP base from which to commercialise their product,” says Peter Franke, a partner at Franke Hyland.

The Virtual Jeff is the next- generation successor to the traditional whammy, eliminating all mechanical hassles. It can be used on electrics and acoustics – without affecting the guitar or tuning. The pitch data from the whammy is massaged by the Virtual Jeff processor. You can select exactly what pitch you reach at the end of a bend, up or down. It is the digital future of the whammy and Franke Hyland is pleased to have played a part in the development of this Australian innovation.

“I had spent time with a number of other IP law firms and on meeting Peter Franke, I quickly knew he had an understanding and the ability to translate our invention into patentable material. I have confidence in Franke Hyland’s ability to recognise our original thinking and unique IP potential.” – Peter Walker, FOMOFx

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WICKED BERRIES

NO ENDANGERED SPECIES NEEDED FOR THESE HORNS TO WORK THEIR MAGIC

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When long established deluxe gift boxed chocolate dipped strawberries company Wicked Berries wanted to commence building franchises, they needed to more formally define their brand to allow licences to be issued.

Opened in 2011, Wicked Berries is built around the Horned Strawberry, originally produced as an add-on to an already successful wedding-cake making business. The demand that followed was so great that Wicked Berries had little choice but to become a company in its own right.

They approached Franke Hyland when their original applications to trade mark Wicked Berries was rejected because other registered food items had already incorporated “Wicked” and “Strawberries” in other applications.

Franke Hyland were able to demonstrate a prior continuous use of the term and that the trade mark would not pose any significant risk of misleading the market place. Many factors needed to be taken into account such as previous photos, marketing material and accounting records – all of which were able to shift the weight of evidence into getting their trade mark registered.

“Franke Hyland have been proactive from the word go. Over the past couple of years we have benefitted from their quick turnaround, value for money and – most importantly – persistence with getting trade marks approved. We tried arranging our intellectual property matters ourselves through IP Australia but hit a couple of hurdles. We looked around for help and were referred to Franke Hyland by a law firm working for us on another matter. Adam Hyland is highly professional and covers all angles when seeking approvals for IP protection.” – Kerry Sullivan, Wicked Berries

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FABZING

NEXT GENERATION STORYTELLING SHARES MORE THAN JUST WORDS & PICTURES

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Australian software developer FABtale developed fabZing – allowing users to put photos, sounds and video from multiple sources together to share their story with the world.

Founded in 2006, FABtale Productions Pty Ltd is based in Australia with affiliates in the US, Japan and Vietnam.

The founder, a writer and filmmaker, joined with a software developer to create the world’s first Film Audio Book (FAB). It was the first story of its kind to incorporate all the components of text, film, photography, music, voice-overs, and ‘click-notes’ into a single multimedia experience.

In 2009, Fabtale Productions was awarded a COMET Grant, providing finance and Government endorsement. It currently has US and international patents pending.

Intellectual property law specialists Franke Hyland play an integral role in FABtale’s product development cycle. They maintain an IP Strategy to identify and develop patents to cover the constantly growing uses of fabZing.

“We started working with Franke Hyland about three years ago after transferring from a larger firm. I really like working with Peter, he is always accessible, has a broad range of knowledge and quickly grasps our concepts, often adding to them. One of the advantages of using Franke Hyland is that they can take a complex innovation and chisel it down to an easily understood IP structure.

Using a boutique law firm like Franke Hyland gives us much greater access to their principal attorneys and we believe that translates into better service. Peter manages our entire IP portfolio, from inception through to international protection.”Frank Shaffer, Fabtale.

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