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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Sanofi v Amgen Inc. [2023] FCA 264
PATENTS – whether order for discovery of documents should be made in appeal pursuant to s 60(4) of the Patents Act 1990 (Cth) – whether appellant should be granted leave to rely on experimental proof pursuant to r 34.50(2)(b) of the Federal Court Rules 2011 (Cth) in said appeal Held: discovery refused – leave under r 34.50(2)(b) granted…
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The Noco Company v Hong Kong Haowei Technology Co., Ltd. [2023] FCA 533
PRACTICE AND PROCEDURE – service out of the jurisdiction – substituted service – where the respondents are registered in Hong Kong and China – where the applicant claims that the respondents are infringing its Australian patents by conduct in Australia and seeks injunctive relief – where the applicant contends that it is not practicable to…
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Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 4) [2023] FCA 517
PRACTICE AND PROCEDURE —– application for freezing orders against respondents to a proceeding for patent infringement and a third party —– third party holds security interests over intellectual property assets of first respondent and member of same group of companies as respondents —– liability previously determined in favour of applicant against respondents —– hearing on…
