PATENTS – patent for method for manufacturing a solar cell with a surface-passivating dielectric double layer, and corresponding solar cell – infringement – validity – claim construction
PATENTS – infringement – construction of method and product claims – no infringement found
PATENTS – validity – lack of inventive step – ss 7(2) and (3) of the Patents Act 1990 (Cth) – ground not established
PATENTS – validity – lack of fair basis – legal test – claims fairly based
PATENTS – validity – novelty – whether prior publications being patent applications and a patent anticipated claimed invention – claims 9, 11, 16 and 21 of the patent anticipated
PATENTS – validity – lack of utility – promise of the invention – whether promises met – ground not established
PATENTS – validity – lack of clarity – ground not established
PATENTS – unjustified threats – whether applicant made unjustified threats of patent infringement in breach of s 128 of the Patents Act – ground established in relation to letters of demand
CONSUMER LAW – misleading and deceptive conduct – whether respondents contravened s 18 of the Australian Consumer Law by representing that the accused products do not infringe any intellectual property rights and that the respondents are legally entitled to sell, and third parties are entitled to purchase, install and use those products – dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1017
For more information, see the original judgement.
