PATENTS – method claims – method claims that do not result in a product – patent area – infringement – infringement where method claims are partially performed offshore – exploit – exclusive rights given by patent – object of the Patents Act 1990 (Cth) PRACTICE AND PROCEDURE – interlocutory application for summary dismissal – novel question of law – application dismissed
Recent cases about patent infringement
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Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Liability) [2022] FCA 1585
PATENTS – Applicant patentee of three method patents relating to digital mobile radios (‘DMR’) using Time Division Multiple Access (‘TDMA’) to divide frequency channel – disputed constructions – fair basing – inventive step – identification of inventive step in claims – manner of manufacture – stare decisis – whether Aristocrat Technologies Australia Pty Ltd v…
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H Lundbeck A/S v Sandoz Pty Ltd [2023] FCA 740
PRACTICE AND PROCEDURE – patents – application for stay of remitted proceeding – where High Court upheld primary judge’s declaration that the respondent infringed the first applicant’s patent – where High Court made an order declaring that the first applicant is entitled to damages and pre-judgment interest and an order remitting the proceeding for the…
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Novartis AG v Pharmacor Pty Limited [2023] FCA 804
PRACTICE AND PROCEDURE – patents – where in the principal proceeding the respondent alleges that the patent in suit does not disclose the best method of performing the invention – discovery – where applicants oppose the respondent’s proposed discovery category
