PATENTS – innovation patent relating to hinges – infringement – validity – whether primary judge erred in the proper construction of the invention disclosed
PATENTS – validity – lack of clear and complete description – classical sufficiency – “relevant range” – s 40(2)(a) of the Patents Act 1990 (Cth) – whether primary judge erred in finding specifications did not enable skilled addressee to perform invention over the whole area claimed without undue burden
PATENTS – validity – lack of support – s 40(3) of the Act – comparison between invention specified in the claims and that described in the specification – technical contribution to the art
Related cases about Patents
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Hytera Comms Corp Ltd v Motorola Solutions [2024] FCAFC 168
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Sun Pharma ANZ PL v Otsuka Pharmaceutical Co Ltd [2025] FCA 44
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Abbey Laboratories PL v Virbac (Australia) PL [2024] FCA 1488
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Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2024/2024fcafc0095
For more information, see the original judgement.
