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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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…
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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…
