PATENTS – infringement – Patents Act 1990 (Cth) s 122(1) – election between damages and account of profits – time of election – whether applicant should be compelled to make election before evidence is filed – balance between informed choice and efficient conduct of case – applicant ordered to make election within 21 days.
Recent cases about patent infringement
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Kutti Bay Investments Pty Ltd v Rattlejack Innovations Pty Ltd [2026] FCA 422
PRACTICE AND PROCEDURE – interlocutory application for declaration that the applicant’s application to amend patents in suit is an abuse of process – whether the proposed amendments are seeking to circumvent earlier decisions of the Court with respect to related patents in the same patent family – held: application allowed in part
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The NOCO Company v Brown and Watson International Pty Ltd [2026] FCAFC 44
PATENTS – appeal from decision of primary judge dismissing applicant’s claim of infringement of patents for jump starter device, declaring patents to be invalid and revoking patents – whether primary judge erred in finding that certain claims would have been obvious to a person skilled in the art in light of the common general knowledge…
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AstraZeneca AB v Pharmacor Pty Ltd [2026] FCA 88
PATENTS – patent entitled “C-aryl glucoside SGLT2 inhibitors and method” which relates to the chemical compound ‘dapagliflozin’– consideration of principles relating to selection patents and whether they form part of Australian law PRACTICE AND PROCEDURE – patents – interlocutory injunction application to restrain launch of generic products prior to expiry of term of patent –…
