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UbiPark Pty Ltd v TMA Capital Australia Pty Ltd (No 2) [2023] FCA 885

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 was configured to (among other things) “determine if one or more entry criteria have been satisfied based on the received signal strength” of certain signals, and to, “in response to the one or more entry criteria being satisfied, generate and transfer … the entry request” – construction of integers – whether the applicant’s technology infringed the relevant claims

PATENTS – unjustified threats – where the first respondent threatened patent infringement proceedings against the applicant and its customers – whether the first respondent had established infringement by the applicant

PATENTS – validity – patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a car park) – where the applicant alleged the relevant claims were invalid on grounds of: not a manner of manufacture; lack of inventive step; and lack of utility

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0885

For more information, see the original judgement.

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