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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Novartis AG v Pharmacor Pty Limited [2023] FCA 804
PRACTICE AND PROCEDURE – patents – where in the principal proceeding the respondent alleges that the patent in suit does not disclose the best method of performing the invention – discovery – where applicants oppose the respondent’s proposed discovery category
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Hanwha Solutions Corporation v REC Solar Pte Ltd [2023] FCA 1017
PATENTS – patent for method for manufacturing a solar cell with a surface-passivating dielectric double layer, and corresponding solar cell – infringement – validity – claim construction PATENTS – infringement – construction of method and product claims – no infringement found PATENTS – validity – lack of inventive step – ss 7(2) and (3) of…
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TMA Capital Australia Pty Ltd v UbiPark Pty Ltd [2024] FCAFC 85
PATENTS – patent for system, method and computer program for an access control system for controlling access to a restricted area (eg, a carpark) PATENTS – infringement – construction of integers of the claims – whether primary judge erred in finding that features in a claim were absent from the respondent’s technology – whether the…
