PATENTS – patent for apparatus for storing or holding items – claim construction – infringement – validity
PATENTS – infringement – construction of claims – no infringement found
PATENTS – validity – novelty – whether prior publications being patent and patent applications anticipated claimed invention
PATENTS – validity – lack of inventive step – ground not established
PATENTS – validity – lack of fair basis – ground established if patentee’s construction of disputed term is correct
PATENTS – unjustified threats – whether cross-respondents made unjustified threats in breach of s 128 of the Patents Act 1990 (Cth) – announcements made to customers and prospective customers
AUSTRALIAN CONSUMER LAW – whether cross-respondents contravened s 18 of the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) – false and misleading allegation of copying in announcements
EVIDENCE – expert witness provided with patent and prior art and instructed to opine as to whether invention is obvious – no evidence that expert was informed as to meaning of term – opinion of expert evidence as to obviousness excluded
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0024
For more information, see the original judgement.
