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
-
Calix Limited v Grenof Pty Ltd [2023] FCA 378
PATENTS – claim for method of producing hydroxide slurries – construction of claim – whether claim infringed – whether s 121A of Patents Act 1990 (Cth) (“the Act”) applied to place onus on the respondents – whether Court satisfied that it was very likely that respondents’ product was made by the patented process – whether claim…
-
Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 (17 August 2022)
Patents – Invention – Manner of manufacture – Where appellant manufactured electronic gaming machines (“EGMs”) – Where appellant owned four innovation patents concerning various embodiments of EGM – Where specification described claimed invention as combination of player interface, being physical features of EGM, and game controller, being computerised components interacting with player interface to implement…
