PATENTS – jump starter device for jump starting a depleted or discharged battery (eg in a vehicle) – priority date – where the patents in suit claimed an earliest priority date based on the filing date of a PCT application – where the cross-claimant contended that the patents were not entitled to the asserted priority date – whether, for each asserted claim, the invention in the claim was disclosed in the PCT application PATENTS – jump starter device for jump starting a depleted or discharged battery (eg in a vehicle) – novelty and inventive step –whether the claims in the patents in suit were anticipated by one or other of two documents – whether the claims in the patents in suit would have been obvious to the person skilled in the art in light of the common general knowledge (CGK) alone, or in light of the CGK together with one or other of two documents PATENTS – jump starter device for jump starting a depleted or discharged battery (eg in a vehicle) – best method – where the cross-claimant contended that the patentee had not disclosed the best method known to the patentee for performing the invention – whether the knowledge element was to be determined as at the international filing date or as at the filing date for the patents in suit PATENTS – jump starter device for jump starting a depleted or discharged battery (eg in a vehicle) – infringement – whether the impugned products infringed the claims in the patents in suit – construction issues – whether the claims required that the device automatically start upon satisfaction of preconditions – whether a product that is capable of operating in manual mode falls outside the scope of the claims – whether references to “USB” in the claims encompass USB-C, which had not been released as at the asserted priority date
Related cases about patent infringement
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Sun Pharma ANZ Pty Ltd v Otsuka Pharmaceutical Co Ltd [2025] FCA 44
PATENTS – patent for controlled release aripiprazole formulations and methods for preparing and using such formulations – validity of extension of term of patent – validity of claims – whether pharmaceutical substance per se – whether pharmaceutical substance can include formulations – whether formulations can only include substances which have therapeutic use – whether pharmaceutical…
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Sun Pharma ANZ Pty Ltd v Otsuka Pharmaceutical Co Ltd [2025] FCA 44
PATENTS – patent for controlled release aripiprazole formulations and methods for preparing and using such formulations – validity of extension of term of patent – validity of claims – whether pharmaceutical substance per se – whether pharmaceutical substance can include formulations – whether formulations can only include substances which have therapeutic use – whether pharmaceutical…
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Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd [2024] FCA 1488
PATENTS – application for an interlocutory injunction by patent holder – where generic recently launched – where patent holder is claiming for infringement – where patent alleged to be invalid – whether balance of convenience favours the grant of an injunction – where there has been substantial delay on the part of the patent holder…
