PATENTS – claim for method of producing hydroxide slurries – construction of claim – whether claim infringed – whether s 121A of Patents Act 1990 (Cth) (“the Act”) applied to place onus on the respondents – whether Court satisfied that it was very likely that respondents’ product was made by the patented process – whether claim invalid for lack of novelty or inventive step – whether claim invalid for non-compliance with s 40(2)(a) or s 40(3) of the Act
Held: claim not infringed – claim invalid for lack of inventive step and non-compliance with s 40(3) of the Act
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0378
For more information, see the original judgement.
