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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Otsuka Pharmaceutical Co Ltd v Sun Pharma ANZ Pty Ltd [2025] FCAFC 161
PATENTS – validity – patent for controlled release aripiprazole formulations and methods for preparing and using such formulations – whether primary judge erred in finding claims were invalid for failing to define the invention and lacking clarity – ss 40(2)(b) and 40(3) of the Patents Act 1990 (Cth) (Patents Act) – where no error shown…
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Vehicle Monitoring Systems PL v SARB Management Group PL (No 13) [2025] FCA 1078
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.
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EIS Gmbh v LELO Oceania Pty Ltd (Liability Trial) [2025] FCA 1111
PATENTS – validity – infringement – standard patent entitled “Pressure Wave Massager” – compression wave massage device for sexual stimulation of the clitoris – construction – meaning of claim which refers to device “when used” in a specified way – whether device must be tested when used in that way – whether results of testing…
