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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Novartis AG v Pharmacor Pty Limited (No 2) [2023] FCA 963
PRACTICE AND PROCEDURE – patents – interlocutory application for question to be heard separately pursuant to r 30.01(1) of the Federal Court Rules 2011 (Cth) – where proposed separate question concerns the relevant time at which a patent applicant’s knowledge of the best method is to be fixed for the purposes of s 40(2)(a) of…
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UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 2) [2023] FCA 885
PATENTS – infringement – patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a car park) – where claim 1 comprised a system including a communication system and a computer program executable by a mobile communication device (such as a smartphone) wherein the device…
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ToolGen Incorporated v Fisher (No 2) [2023] FCA 794
PATENTS – appeal against decision of delegate of Commissioner of Patents upholding opposition to patent application (“PA”) for compositions and methods using the CRISPR/Cas9 system for genome editing in eukaryotic cells – identity of person skilled in the art (“PSA”) – whether PSA comprises a team including a microbiologist with expertise in CRISPR/Cas system in…
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2024/2024fcafc0095
For more information, see the original judgement.
