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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Sandoz AG v Bayer Intellectual Property GmbH [2024] FCAFC 135
PATENTS – whether skilled person could be reasonably expected to have ascertained international patent publication – where patent database would have been one of the databases searched by person skilled in the art – where expert provided with search results which formed a subset of larger set of search results which would have been derived…
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Nutrafruit Pty Ltd v Fivefifty5 Super Foods Pty Ltd [2024] FCA 1218
PRACTICE AND PROCEDURE – leave to withdraw an admission – where first to third respondents admitted that there have been at least 15,000 Queen Garnet trees on relevant property – where precise number of trees remains an issue in the proceedings – where no prejudice to the applicant
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Dei Gratia Pty Ltd v Commissioner of Patents [2024] FCA 1145
PATENTS – a logistics facility and related systems and methods for the provision of goods or services to an end user – network of modified local outlets – manner of manufacture – s 18(a) of the Patents Act 1990 (Cth) – computer-implemented scheme – patentability of a computer-implemented scheme – use of computers for their…
