PATENTS – indirect infringement – appellant found to have infringed respondent’s patent (Australian Patent No 2005275355) relating to digital mobile radios (DMRs) using Time Division Multiple Access (TDMA) technology to divide frequency channel – appeal against finding of infringement – disputed issues of construction – appeal against finding of validity – whether the invention claimed involved an inventive step – whether the invention claimed is useful – whether the invention claimed is a manner of manufacture – appeal dismissed
PATENTS – validity – respondent’s patent (Australian Patent No. 2006276960) relating to DMRs using TDMA technology found to be invalid by reason that the invention claimed did not involve an inventive step – cross-appeal against that finding dismissed – cross-contentions concerning manner of manufacture and infringement also dismissed
COPYRIGHT – indirect infringement – respondent owner of Australian copyright in 11 computer programs in source code – appeal against finding of infringement by the importation into Australia of DMR devices containing firmware in object code, where firmware compiled from appellants’ source code in China and installed into DMR devices in China, and where appellants’ source code developed using respondent’s source code – whether the appellants copied a substantial part of the respondent’s copyright works – whether fact that copied parts of the respondent’s copyright works derived from earlier versions of the respondent’s computer renders them not original for the purposes of infringement, such that the copied parts are not a substantial part – whether appellants otherwise copied a substantial part of the respondent’s copyright works – the correct approach to assessing the copying of a substantial part – where appellants deliberately deleted source code to suppress evidence which might assist in a copyright infringement suit – application of the maxim omnia praesumuntur contra spoliatorem (all things are presumed against the wrongdoer) – primary judge’s approach to assessing the copying of a substantial part shown to be in error
COPYRIGHT – requirement of knowledge for the purposes of ss 37 and 38 of the Copyright Act 1968 (Cth) (Copyright Act) – whether relevant executives who undertook or supervised copying were acting within the scope of their authority – principles concerning attribution of knowledge to a corporation – no error shown
COPYRIGHT – award of additional damages under s 115(4) of the Copyright Act – discretionary decision – no error in the exercise of discretion shown
Recent cases about patent infringement
-
Native Extracts Pty Ltd v Plant Extracts Pty Ltd [2023] FCA 1265
CONTRACT – restraint of trade – confidentiality clause – admissions made of breaches of contract during hearing of trial in relation to competing business – certain relief granted at conclusion of trial CONSUMER LAW – admitted breaches of Australian Consumer Law – injunctions and corrective advertising ordered before final judgment in interests of consumers COPYRIGHT…
-
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…
-
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…
