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
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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…
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Calix Limited v Grenof Pty Ltd [2023] FCA 378
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…
