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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Scidera, Inc. v Meat and Livestock Australia Ltd (No 2) [2025] FCA 1236
PATENTS – method claims – method claims that do not result in a product – patent area – infringement – infringement where method claims are partially performed offshore – exploit – exclusive rights given by patent – object of the Patents Act 1990 (Cth) PRACTICE AND PROCEDURE – interlocutory application for summary dismissal – novel…
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Southern Cross Industrial Group PL v Mickala Mining Maintenance PL (Liability Trial) [2025] FCA 1363
PATENTS – construction – invalidity – whether claims 1 and 4 of innovation patent lack novelty – factual dispute concerning public availability – whether lack of innovative step – whether sole director of company authorised infringement of claims – whether sole director is liable as a joint tortfeasor – where claims 1 and 4 found…
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Scidera, Inc. v Meat and Livestock Australia Limited (No 2) [2025] FCA 1236
PATENTS – method claims – method claims that do not result in a product – patent area – infringement – infringement where method claims are partially performed offshore – exploit – exclusive rights given by patent – object of the Patents Act 1990 (Cth) PRACTICE AND PROCEDURE – interlocutory application for summary dismissal – novel…
