PATENTS – patents for secure access systems – claim construction – infringement – validity PATENTS – construction of the asserted claims – construction of seven contested integers PATENTS – infringement – where the impugned devices incorporate biometric security systems utilising fingerprint and face recognition – factual contest regarding operation of the impugned devices – no contested integers found to be embodied in the impugned devices – no infringement found PATENTS – validity – relevant priority date – where patents claim a priority date based on provisional specification –whether patents fairly based on disclosure in provisional specification – external fair basis test – patents not fairly based – deferred priority date applies PATENTS – validity – novelty – where novelty case largely considered on an alternative construction of the contested integers to that accepted by the Court – whether four prior art publications being patents and patent applications anticipate the claimed invention – various claims anticipated on an alternate construction – some claims also anticipated on proper construction PATENTS – validity – insufficiency – ground not established
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0489For more information, see the original judgement.
