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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UON Pty Ltd v Hoascar (No 2) [2025] FCA 1608
INTELLECTUAL PROPERTY – confidentiality – interlocutory application to strike out parts of statement of claim – confidential information disclosed during employment for developing and testing system – contractual obligations of confidence – equitable obligations of confidence – confidentiality claims in statement of claim said to be untenable due to finding in related proceeding that patent…
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Commonwealth Scientific and Industrial Research Organisation v Urrbrae Foods Pty Ltd [2025] FCA 1591
PATENTS — patent application — high amylose wheat — hexaploid wheat plants with high amylose starch content — high ratio of amylose to amylopectin — synthesis of starch — enzymes being starch synthases — mutations in the three SSIIa genes on the A, B, and D genomes — triple-null mutations — product and process claims…
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Janssen Pharmaceutica NV v Juno Pharmaceuticals Pty Ltd [2025] FCA 1538
PRACTICE AND PROCEDURE – patents – interlocutory injunction application – prime facie case – infringement – validity of patent – inventive step – false suggestion – balance of convenience – application granted PATENTS – paliperidone palmitate long-acting injectable – infringement – regimen claim – method of treatment claim – Swiss claim – authorisation or participation…
